Legal corpus: U.S. Code titles 1–11 from pinned OLRC XML (11,050 sections)
Raw OLRC USLM XML zips @ release 119-100 (retrieved 2026-07-04 via Atlas depot), ingested with the standard pipeline: raw snapshot -> per-section OKF markdown -> manifest + checksums. Title 52 untouched. LegalText: 171 -> 11,221. Titles 12-54 await a clean OLRC retry. Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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type: "LegalText"
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title: "10 U.S.C. § 522"
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description: "Repealed. Pub. L. 108–375, div. A, title V, § 501(b)(1), Oct. 28, 2004, 118 Stat. 1873]"
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title_name: "ARMED FORCES"
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chapter_number: "32"
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section: "522"
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# 10 U.S.C. § 522 - Repealed.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]
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## Notes
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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.
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Statutory Notes and Related Subsidiaries
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Effective Date of RepealRepeal 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.
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title: "10 U.S.C. § 523"
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description: "Authorized strengths: commissioned officers on active duty in grades of major, lieutenant colonel, and colonel and Navy grades of lieutenant commander, commander, and captain"
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---
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# 10 U.S.C. § 523 - Authorized strengths: commissioned officers on active duty in grades of major, lieutenant colonel, and colonel and Navy grades of lieutenant commander, commander, and captain
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## Text
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(a) (1) Except as provided in subsection (c), of the total number of commissioned officers serving on active duty in the Army, Air Force, or Marine Corps at the end of any fiscal year (excluding officers in categories specified in subsection (b)), the number of officers who may be serving on active duty in each of the grades of major, lieutenant colonel, and colonel may not, as of the end of such fiscal year, exceed a number determined in accordance with the following table: Total number of commissioned officers (excluding officers in categories specified in subsection (b)) on active duty:Number of officers who may be serving on active duty in grade of: MajorLieutenant ColonelColonel 1 Table heading editorially supplied. Army: 20,0007,7685,2531,613 25,0008,6895,6421,796 30,0009,6116,0301,980 35,00010,5326,4192,163 40,00011,4546,8072,347 45,00012,3757,1962,530 50,00013,2977,5842,713 55,00014,2187,9732,897 60,00015,1408,3613,080 65,00016,0618,7503,264 70,00016,9839,1383,447 75,00017,9039,5273,631 80,00018,8259,9153,814 85,00019,74610,3043,997 90,00020,66810,6924,181 95,00021,58911,0814,364 100,00022,51111,4694,548 110,00024,35412,2464,915 120,00026,19713,0235,281 130,00028,04013,8005,648 170,00035,41216,9087,116 Air Force: 35,0009,2167,0902,125 40,00010,0257,4782,306 45,00010,8357,8662,487 50,00011,6458,2532,668 55,00012,4548,6412,849 60,00013,2649,0293,030 65,00014,0739,4173,211 70,00014,8839,8053,392 75,00015,69310,1933,573 80,00016,50210,5823,754 85,00017,31210,9713,935 90,00018,12111,3604,115 95,00018,93111,7494,296 100,00019,74112,1384,477 105,00020,55012,5274,658 110,00021,36012,9154,838 115,00022,16913,3045,019 120,00022,97913,6925,200 125,00023,78914,0815,381 Marine Corps: 10,0002,8021,615633 12,5003,2471,768658 15,0003,6911,922684 17,5004,1352,076710 20,0004,5792,230736 22,5005,0242,383762 25,0005,4682,537787 Space Force: 1 3,9001,016782234 4,3001,135873262 5,0001,259845315 7,0001,6591,045415 10,0002,2591,345565.
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(2) Except as provided in subsection (c), of the total number of commissioned officers serving on active duty in the Navy at the end of any fiscal year (excluding officers in categories specified in subsection (b)), the number of officers who may be serving on active duty in each of the grades of lieutenant commander, commander, and captain may not, as of the end of such fiscal year, exceed a number determined in accordance with the following table: Total number of commissioned officers (excluding officers in categories specified in subsection (b)) on active duty:Number of officers who may be serving on active duty in grade of: Lieutenant CommanderCommanderCaptain Navy: 30,0007,6985,2692,222 33,0008,1895,5012,334 36,0008,6805,7332,447 39,0009,1725,9652,559 42,0009,6636,1972,671 45,00010,1556,4292,784 48,00010,6466,6602,896 51,00011,1366,8893,007 54,00011,6287,1213,120 57,00012,1187,3523,232 60,00012,6097,5833,344 63,00013,1007,8133,457 66,00013,5918,0443,568 70,00014,2458,3523,718 90,00017,5179,8904,467.
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(3) If the total number of commissioned officers serving on active duty in an armed force (excluding officers in categories specified in subsection (b)) is between any two consecutive figures listed in the first column of the appropriate table in paragraph (1) or (2), the corresponding authorized strengths for each of the grades shown in that table for that armed force are determined by mathematical interpolation between the respective numbers of the two strengths. If the total number of commissioned officers serving on active duty in an armed force (excluding officers in categories specified in subsection (b)) is greater or less than the figures listed in the first column of the appropriate table in paragraph (1) or (2), the Secretary concerned shall fix the corresponding strengths for the grades shown in that table in the same proportion as reflected in the nearest limit shown in the table.
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(b) Officers in the following categories shall be excluded in computing and determining authorized strengths under this section:
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(1) Reserve officers—
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(A) on active duty as authorized under section 115(a)(1)(B) or 115(b)(1) of this title, or excluded from counting for active duty end strengths under section 115(i) of this title;
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(B) on active duty under section 10211, 10302 through 10305, or 12402 of this title or under section 708 of title 32; or
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(C) on full-time National Guard duty.
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(2) General and flag officers.
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(3) Medical officers.
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(4) Dental officers.
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(5) Warrant officers.
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(6) Retired officers on active duty under a call or order to active duty for 180 days or less.
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(7) Retired officers on active duty under section 10(b)(2) of the Military Selective Service Act (50 U.S.C. 3809(b)(2)) for the administration of the Selective Service System.
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(8) Permanent professors of the United States Military Academy and the United States Air Force Academy and professors of the United States Naval Academy who are career military professors (as defined in regulations prescribed by the Secretary of the Navy), but not to exceed 50 from any such academy.
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(9) Officers who are Senior Military Acquisition Advisors under section 1725 of this title, but not to exceed 15.
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(c) Whenever the number of officers serving in any grade is less than the number authorized for that grade under this section, the difference between the two numbers may be applied to increase the number authorized under this section for any lower grade.
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(d) An officer may not be reduced in grade, or have his pay or allowances reduced, because of a reduction in the number of commissioned officers authorized for his grade under this section.
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(Added Pub. L. 96–513, title I, § 103, Dec. 12, 1980, 94 Stat. 2842; amended Pub. L. 98–525, title IV, § 414(a)(3), Oct. 19, 1984, 98 Stat. 2518; Pub. L. 99–145, title V, § 511(a), Nov. 8, 1985, 99 Stat. 623; Pub. L. 99–433, title V, § 531(a)(1), Oct. 1, 1986, 100 Stat. 1063; Pub. L. 102–190, div. A, title IV, § 431, Dec. 5, 1991, 105 Stat. 1354; Pub. L. 103–337, div. A, title XVI, § 1673(c)(3), Oct. 5, 1994, 108 Stat. 3014; Pub. L. 104–201, div. A, title IV, § 403(a), (b), Sept. 23, 1996, 110 Stat. 2504, 2505; Pub. L. 107–314, div. A, title IV, § 406, Dec. 2, 2002, 116 Stat. 2526; Pub. L. 108–375, div. A, title IV, §§ 404, 416(g), Oct. 28, 2004, 118 Stat. 1864, 1868; Pub. L. 109–364, div. A, title X, § 1071(g)(1)(B), Oct. 17, 2006, 120 Stat. 2402; Pub. L. 110–181, div. A, title IV, §§ 404, 405, Jan. 28, 2008, 122 Stat. 88; Pub. L. 112–81, div. A, title V, § 501, Dec. 31, 2011, 125 Stat. 1386; Pub. L. 114–328, div. A, title VIII, § 866(b), title X, § 1081(b)(1)(A)(iii), Dec. 23, 2016, 130 Stat. 2306, 2418; Pub. L. 117–263, div. A, title V, § 501, Dec. 23, 2022, 136 Stat. 2557.)
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## Notes
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Editorial Notes
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Amendments2022—Subsec. (a)(1). Pub. L. 117–263, in table, inserted items relating to number of officers authorized to serve on active duty in the Space Force after items relating to Marine Corps. 2016—Subsec. (b)(7). Pub. L. 114–328, § 1081(b)(1)(A)(iii), substituted “(50 U.S.C. 3809(b)(2))” for “(50 U.S.C. App. 460(b)(2))”. Subsec. (b)(9). Pub. L. 114–328, § 866(b), added par. (9). 2011—Subsec. (a)(1). Pub. L. 112–81, in table, increased number of officers authorized to serve on active duty in the Marine Corps in each grade covered as follows: Major to 2,802, 3,247, 3,691, 4,135, 4,579, 5,024, and 5,468 from 2,525, 2,900, 3,275, 3,650, 4,025, 4,400, and 4,775, respectively; Lieutenant Colonel to 1,615, 1,768, 1,922, 2,076, 2,230, 2,383, and 2,537 from 1,480, 1,600, 1,720, 1,840, 1,960, 2,080, and 2,200, respectively; and Colonel to 633, 658, 684, 710, 736, 762, and 787 from 571, 632, 653, 673, 694, 715, and 735, respectively. 2008—Subsec. (a)(1). Pub. L. 110–181, § 404, in table, increased number of officers authorized to serve on active duty in the Army in the grade of Major to 7,768, 8,689, 9,611, 10,532, 11,454, 12,375, 13,297, 14,218, 15,140, 16,061, 16,983, 17,903, 18,825, 19,746, 20,668, 21,589, 22,511, 24,354, 26,197, 28,040, and 35,412 from 6,948, 7,539, 8,231, 8,922, 9,614, 10,305, 10,997, 11,688, 12,380, 13,071, 13,763, 14,454, 15,146, 15,837, 16,529, 17,220, 17,912, 19,295, 20,678, 22,061, and 27,593, respectively. Subsec. (a)(2). Pub. L. 110–181, § 405, amended table generally, extensively revising the numbers in each grade covered. 2006—Subsec. (b)(1). Pub. L. 109–364 made technical correction to directory language of Pub. L. 108–375, § 416(g)(1). See 2004 Amendment note below. 2004—Subsec. (b)(1). Pub. L. 108–375, § 416(g)(1), as amended by Pub. L. 109–364, amended par. (1) generally. Prior to amendment, par. (1) read as follows: “(1) Reserve officers— “(A) on active duty for training; “(B) on active duty under section 10211, 10302 through 10305, or 12402 of this title or under section 708 of title 32; “(C) on active duty under section 12301(d) of this title in connection with organizing, administering, recruiting, instructing, or training the reserve components; “(D) on active duty to pursue special work; “(E) ordered to active duty under section 12304 of this title; or “(F) on full-time National Guard duty.” Subsec. (b)(7). Pub. L. 108–375, § 416(g)(2), substituted “Retired officers” for “Reserve or retired officers”. Subsec. (b)(8). Pub. L. 108–375, § 404, added par. (8). 2002—Subsec. (a)(1). Pub. L. 107–314, in table, increased number of officers authorized to serve on active duty in the Marine Corps in the grade of Colonel to 571, 632, 653, 673, 694, 715, and 735 from 571, 592, 613, 633, 654, 675, and 695, respectively. 1996—Subsec. (a)(1). Pub. L. 104–201, § 403(a), amended table generally, expanding the range of numbers of commissioned officers covered and extensively revising the numbers in each grade covered. Subsec. (a)(2). Pub. L. 104–201, § 403(b), amended table generally, expanding the range of numbers of commissioned officers covered and extensively revising the numbers in each grade covered. 1994—Subsec. (b)(1)(B). Pub. L. 103–337, § 1671(c)(3)(A), substituted “10211, 10302 through 10305, or 12402” for “265, 3021, 3496, 5251, 5252, 8021, or 8496”. Subsec. (b)(1)(C). Pub. L. 103–337, § 1671(c)(3)(B), substituted “12301(d)” for “672(d)”. Subsec. (b)(1)(E). Pub. L. 103–337, § 1671(c)(3)(C), substituted “12304” for “673b”. 1991—Subsec. (a)(1). Pub. L. 102–190, in table, decreased numbers of officers authorized to serve on active duty in the Air Force in the grade of Colonel to 3,392, 3,573, 3,754, 3,935, 4,115, 4,296, 4,477, 4,658, 4,838, 5,019, 5,200, and 5,381 from 3,642, 3,823, 4,004, 4,185, 4,365, 4,546, 4,727, 4,908, 5,088, 5,269, 5,450, and 5,631, respectively. 1986—Subsec. (b)(1)(B). Pub. L. 99–433 substituted “3021” and “8021” for “3033” and “8033”, respectively. 1985—Subsec. (a)(1). Pub. L. 99–145 increased fiscal year limitation on authorized number of Marine Corps majors to 2,766, 3,085, 3,404, 3,723, and 4,042 from 2,717, 2,936, 3,154, 3,373, and 3,591, respectively. 1984—Subsec. (b)(1)(C). Pub. L. 98–525, § 414(a)(3)(A), struck out “or section 502 or 503 of title 32” after “section 672(d) of this title”. Subsec. (b)(1)(F). Pub. L. 98–525, § 414(a)(3)(B)–(D), added subpar. (F).
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Statutory Notes and Related Subsidiaries
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Effective Date of 2006 AmendmentPub. L. 109–364, div. A, title X, § 1071(g), Oct. 17, 2006, 120 Stat. 2402, provided that the amendment made by section 1071(g)(1)(B) is effective as of Oct. 28, 2004, and as if included in Pub. L. 108–375 as enacted.
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Effective Date of 1996 AmendmentPub. L. 104–201, div. A, title IV, § 403(d), Sept. 23, 1996, 110 Stat. 2506, provided that: “The amendments made by subsections (a), (b), and (c) [amending this section and repealing provisions set out as notes below] shall take effect on September 1, 1997.”
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Effective Date of 1994 AmendmentAmendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title.
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Effective Date of 1985 AmendmentPub. L. 99–145, title V, § 511(b), Nov. 8, 1985, 99 Stat. 623, provided that: “The amendments made by subsection (a) [amending this section] shall take effect on October 1, 1985.”
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Effective DateSection 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.
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Temporary Exclusion of Mental Health Care Providers From Authorized Strengths of Certain Officers on Active DutyPub. L. 118–159, div. A, title IV, § 403(a), Dec. 23, 2024, 138 Stat. 1863, provided that: “During fiscal years 2025 through 2027, officers who are licensed mental health providers (including clinical psychologists, licensed clinical social workers, mental health nurse practitioners, and psychiatric physician assistants) shall be excluded in computing and determining authorized strengths under section 523 of title 10, United States Code.”
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Temporary Exemption From End Strength Grade Restrictions for the Space ForceThis section not to apply to the Space Force until Jan. 1, 2024, see section 526 of Pub. L. 117–263, set out as a note under section 517 of this title.
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Temporary Variation in DOPMA Authorized End Strength Limitations for Active Duty Air Force and Navy Officers in Certain GradesPub. L. 104–106, div. A, title IV, § 402, Feb. 10, 1996, 110 Stat. 286, provided that the numbers of officers of the Air Force authorized under subsec. (a)(1) of this section to be serving on active duty in the grades of major, lieutenant colonel, and colonel for fiscal years 1996 and 1997 and the numbers of officers in the Navy authorized under subsec. (a)(2) of this section to be serving on active duty in the grades of lieutenant commander, commander, and captain for fiscal years 1996 and 1997 were limited to numbers in tables, prior to repeal by Pub. L. 104–201, div. A, title IV, § 403(c)(3), Sept. 23, 1996, 110 Stat. 2506.
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Temporary Variation of End Strength Limitations for Army Majors and Lieutenant ColonelsPub. L. 103–337, div. A, title IV, § 402, Oct. 5, 1994, 108 Stat. 2743, provided that number of officers of the Army authorized under subsec. (a)(1) of this section to be serving on active duty in grades of major and lieutenant colonel for fiscal years 1995 through 1997 was limited to numbers set forth in table prior to repeal by Pub. L. 104–201, div. A, title IV, § 403(c)(2), Sept. 23, 1996, 110 Stat. 2506.
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Temporary Variation of End Strength Limitations for Marine Corps Majors and Lieutenant ColonelsPub. 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 number 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 fiscal 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.
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Temporary Increase in Officer Grade LimitationsPub. 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 limitations 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 directed the Secretary to submit to Congress a comprehensive report on the adequacy of the strength-in-grade limitations prescribed in subsec. (a) of this section.
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Temporary Reduction in Number of Air Force ColonelsPub. 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 authorized 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.
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Ceilings on Commissioned Officers on Active DutyPub. 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 active 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 declared by Congress, the President could suspend the operation of this provision, was repealed and restated in section 526 of this title by Pub. L. 100–370, § 1(b)(1)(B), (4).
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Transition Provisions Under Defense Officer Personnel Management ActFor provisions increasing for the fiscal year ending on Sept. 30, 1981, the maximum number of officers authorized 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.
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---
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type: "LegalText"
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title: "10 U.S.C. § 524"
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description: "Renumbered § 12011]"
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jurisdiction: "us"
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corpus: "united_states_code"
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kind: "code_section"
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title_number: 10
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title_name: "ARMED FORCES"
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chapter_number: "32"
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chapter_name: "OFFICER STRENGTH AND DISTRIBUTION IN GRADE"
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section: "524"
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citation: "10 U.S.C. § 524"
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status: "current"
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|
||||
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|
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|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 524 - Renumbered § 12011]
|
||||
|
||||
|
||||
File diff suppressed because one or more lines are too long
@@ -0,0 +1,139 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 526"
|
||||
description: "Authorized strength: general officers and flag officers on active duty"
|
||||
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|
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|
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|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "32"
|
||||
chapter_name: "OFFICER STRENGTH AND DISTRIBUTION IN GRADE"
|
||||
section: "526"
|
||||
citation: "10 U.S.C. § 526"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
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|
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|
||||
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|
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 526 - Authorized strength: general officers and flag officers on active duty
|
||||
|
||||
## Text
|
||||
|
||||
(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 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, authorized to serve in the armed force concerned under section 12004 of this title. In determining a number under this subparagraph, any fraction shall be rounded down to the next whole number that is greater than zero.
|
||||
|
||||
(D) The Secretary of the Air Force may authorize not more than two of the general officers authorized to serve in the Space Force under section 20110 of this title to serve on active service for a period of at least 180 days and not longer than 365 days.
|
||||
|
||||
(3) (A) A general or flag officer of a reserve component, or a Space Force general officer in a Space Force active status not on sustained duty, 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 subparagraph (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 Secretary 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 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) an officer of an 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; or
|
||||
|
||||
(3) a Space Force officer in the grade of brigadier general or above who is pending transition off of sustained duty orders, but only during the 60-day period preceding the end date of such orders.
|
||||
|
||||
(e) Temporary Exclusion for Assignment to Certain Temporary Billets.— (1) In general.— The limitations in subsection (a) do not apply to a general officer or flag officer assigned to a temporary joint duty assignment designated by the Secretary of Defense.
|
||||
|
||||
(2) Duration of exclusion.— A general officer or flag officer assigned to a temporary joint duty assignment as described in paragraph (1) may not be excluded under this subsection 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 officer departs the joint duty assignment. The Secretary 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 additional 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 Secretary 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 baseline the number of general officers or flag officers 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 subsection (a), the action shall not take effect until after the end of the 60-calendar day period beginning on the date on which the Secretary provides notice of the proposed action, including the rationale for the action, to the Committees on Armed Services of the Senate and the House of Representatives.
|
||||
|
||||
(2) Baseline defined.— In paragraph (1), the term “baseline” for an armed force means the lower of—
|
||||
|
||||
(A) the statutory limit of general officers or flag officers of that armed force under subsection (a); or
|
||||
|
||||
(B) the actual number of general officers or flag officers of that armed force who, as of January 1, 2023, counted toward the statutory limit of general officers or flag officers of that armed force under subsection (a).
|
||||
|
||||
(j) Joint Duty Assignment Baseline.— (1) Notice and wait requirement.— If the Secretary of Defense, the Secretary of a military department, or the Chairman of the Joint Chiefs of Staff proposes an action that would increase above the baseline the number of general officers and flag officers of the armed forces in joint duty assignments who count against the statutory limit under subsection (b)(1), the action shall not take effect until after the end of the 60-calendar day period beginning on the date on which such Secretary or the Chairman, as the case may be, provides notice of the proposed action, including the rationale for the action, to the Committees on Armed Services of the Senate and the House of Representatives.
|
||||
|
||||
(2) Baseline defined.— In paragraph (1), the term “baseline” means the lower of—
|
||||
|
||||
(A) the statutory limit on general officer and flag officer positions that are joint duty assignments under subsection (b)(1); or
|
||||
|
||||
(B) the actual number of general officers and flag officers who, as of January 1, 2023, were in joint duty assignments counted toward the statutory limit under subsection (b)(1).
|
||||
|
||||
(k) Annual Report.— Not later than March 1 each year, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report specifying the following:
|
||||
|
||||
(1) The numbers of general officers and flag officers who, as of January 1 of the calendar year in which the report is submitted, counted toward the service-specific limits of subsection (a).
|
||||
|
||||
(2) The number of general officers and flag officers in joint duty assignments who, as of such January 1, counted toward the statutory limit under subsection (b)(1).
|
||||
|
||||
(l) Transfer of Authorizations Among the Military Services.— (1) The Secretary of Defense may increase the maximum number of brigadier generals or major generals in the Army, Air Force, Marine Corps, or Space Force, or rear admirals (lower half) or rear admirals in the Navy, allowed under subsection (a) and section 525 of this title and the President may appoint officers in the equivalent grades equal to the number increased by the Secretary of Defense if each appointment is made in conjunction with an offsetting reduction under paragraph (2).
|
||||
|
||||
(2) For each increase and appointment made under the authority of paragraph (1) in the Army, Navy, Air Force, Marine Corps, or Space Force, 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 increase and appointment is made, the Secretary of Defense shall specify the armed force in which the reduction required by this paragraph is to be made.
|
||||
|
||||
(3) The total number of general officers and flag officers increased under paragraph (1), combined with the total number of general officers and flag officers increased under section 526(k)(1) of this title, may not exceed 15 at any one time.
|
||||
|
||||
(4) The Secretary may not increase the maximum number of general officers or flag officers under paragraph (1) until the date that is 30 days after the date on which the Secretary provides, to the Committees on Armed Services of the Senate and the House of Representatives, written notice of—
|
||||
|
||||
(A) such increase; and
|
||||
|
||||
(B) each offsetting reduction under paragraph (2), specifying the armed force and billet so reduced.
|
||||
|
||||
(Added Pub. L. 114–328, div. A, title V, § 501(h)(1), Dec. 23, 2016, 130 Stat. 2100, § 526a; amended Pub. L. 116–283, div. A, title V, § 501(a), Jan. 1, 2021, 134 Stat. 3562; Pub. L. 117–81, div. A, title V, § 501(b), Dec. 27, 2021, 135 Stat. 1679; Pub. L. 117–263, div. A, title V, § 504, Dec. 23, 2022, 136 Stat. 2558; renumbered § 526 and amended Pub. L. 118–31, div. A, title V, § 501(a)(2), (4), (b), title XVIII, § 1801(a)(9), Dec. 22, 2023, 137 Stat. 240, 684; Pub. L. 118–159, div. A, title V, §§ 502(a), 509B(c), Dec. 23, 2024, 138 Stat. 1868, 1873; Pub. L. 119–60, div. A, title V, §§ 501(b), 502, Dec. 18, 2025, 139 Stat. 853, 854.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Prior ProvisionsA prior section 526, added Pub. L. 100–370, § 1(b)(1)(B), July 19, 1988, 102 Stat. 840; amended Pub. L. 101–510, div. A, title IV, § 403(a), Nov. 5, 1990, 104 Stat. 1545; Pub. L. 102–484, div. A, title IV, § 403, Oct. 23, 1992, 106 Stat. 2398; Pub. L. 103–337, div. A, title IV, § 404, title V, § 512, Oct. 5, 1994, 108 Stat. 2744, 2752; Pub. L. 104–106, div. A, title XV, §§ 1502(a)(1), 1503(a)(3), Feb. 10, 1996, 110 Stat. 502, 510; Pub. L. 104–201, div. A, title IV, § 405, Sept. 23, 1996, 110 Stat. 2506; Pub. L. 105–261, div. A, title IV, § 405, Oct. 17, 1998, 112 Stat. 1996; Pub. L. 106–65, div. A, title V, § 553, title X, § 1067(1), Oct. 5, 1999, 113 Stat. 615, 774; Pub. L. 107–314, div. A, title IV, § 405(c), title X, § 1041(a)(3), Dec. 2, 2002, 116 Stat. 2526, 2645; Pub. L. 108–136, div. A, title V, § 504(c), Nov. 24, 2003, 117 Stat. 1457; Pub. L. 109–163, div. A, title V, §§ 503(b), 510, 515(b)(1)(C), Jan. 6, 2006, 119 Stat. 3226, 3231, 3233; Pub. L. 109–364, div. A, title V, § 507(c), Oct. 17, 2006, 120 Stat. 2180; Pub. L. 110–181, div. A, title V, § 502, title XVIII, § 1824(c), Jan. 28, 2008, 122 Stat. 95, 501; Pub. L. 110–417, [div. A], title V, §§ 503(a)–(c), 525, Oct. 14, 2008, 122 Stat. 4433, 4448; Pub. L. 111–84, div. A, title V, § 502(e)–(g), Oct. 28, 2009, 123 Stat. 2275, 2276; Pub. L. 112–81, div. A, title V, § 502(b)(1), (c)(1), Dec. 31, 2011, 125 Stat. 1387; Pub. L. 112–239, div. A, title V, § 501(a), Jan. 2, 2013, 126 Stat. 1714; Pub. L. 113–66, div. A, title V, § 501(a), (b)(2), Dec. 26, 2013, 127 Stat. 748, 749; Pub. L. 114–328, div. A, title V, §§ 501(h)(2), 503(b), Dec. 23, 2016, 130 Stat. 2102, 2107; Pub. L. 116–92, div. A, title XVII, § 1731(a)(17), Dec. 20, 2019, 133 Stat. 1813; Pub. L. 116–283, div. A, title V, § 501(c)(2), Jan. 1, 2021, 134 Stat. 3563; Pub. L. 117–81, div. A, title V, § 501(a), Dec. 27, 2021, 135 Stat. 1678, related to authorized strength of general officers on active duty in the 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.
|
||||
|
||||
Amendments2025—Subsec. (a)(3). Pub. L. 119–60, § 502(1), substituted “168” for “171”. Subsec. (a)(5). Pub. L. 119–60, § 502(2), substituted “24” for “21”. Subsec. (c). Pub. L. 119–60, § 501(b)(1)(A), inserted “and of the Space Force” after “Components” in heading. Subsec. (c)(1). Pub. L. 119–60, § 501(b)(1)(B), inserted “or of the Space Force” after “a reserve component” in introductory provisions. Subsec. (c)(2)(D). Pub. L. 119–60, § 501(b)(1)(C), added subpar. (D). Subsec. (c)(3)(A). Pub. L. 119–60, § 501(b)(1)(D), inserted “, or a Space Force general officer in a Space Force active status not on sustained duty,” after “a reserve component”. Subsec. (d)(3). Pub. L. 119–60, § 501(b)(2), added par. (3). 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 December 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 introductory 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), substituted “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 military services as (j). 2022—Subsec. (a). Pub. L. 117–263, § 504(1)(A), substituted “Marine Corps, and Space Force” for “and Marine Corps” in introductory provisions. Subsec. (a)(1). Pub. L. 117–263, § 504(1)(B), substituted “218” for “220”. Subsec. (a)(2). Pub. L. 117–263, § 504(1)(C), substituted “149” for “151”. Subsec. (a)(3). Pub. L. 117–263, § 504(1)(D), substituted “170” for “187”. Subsec. (a)(5). Pub. L. 117–263, § 504(1)(E), added par. (5). Subsec. (b)(2)(E). Pub. L. 117–263, § 504(2), added subpar. (E). 2021—Subsecs. (c) to (h). Pub. L. 116–283, § 501(a), added subsec. (c) and redesignated former subsecs. (c) to (g) as (d) to (h), respectively. Former subsec. (h) redesignated (i). Subsec. (i). Pub. L. 117–81 added subsec. (i) relating to transfer of authorizations among military services. Pub. L. 116–283, § 501(a)(1), redesignated subsec. (h) as (i) relating to annual report.
|
||||
@@ -0,0 +1,35 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 526a"
|
||||
description: "Renumbered § 526]"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "32"
|
||||
chapter_name: "OFFICER STRENGTH AND DISTRIBUTION IN GRADE"
|
||||
section: "526a"
|
||||
citation: "10 U.S.C. § 526a"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s526a"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
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||||
source_hash: "ab8fbea2d843050bfe66ef23f731f46c258c3e1fc423211deee6fd997e89a85c"
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||||
raw_snapshot_hash: "06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1"
|
||||
text_hash: "a0a2f97c17abd09e52e52f73e081ce1648623a3f47d11fa3f0391a4a719dbaf7"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 526a - Renumbered § 526]
|
||||
|
||||
## Notes
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Exclusion of Officers Serving as Lead Special Trial Counsel From Limitations on Authorized Strengths for General and Flag OfficersPub. 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, was repealed by Pub. L. 118–31, div. A, title V, § 501(c), Dec. 22, 2023, 137 Stat. 240.
|
||||
@@ -0,0 +1,57 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 527"
|
||||
description: "Authority to suspend sections 523, 525, and 526"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "32"
|
||||
chapter_name: "OFFICER STRENGTH AND DISTRIBUTION IN GRADE"
|
||||
section: "527"
|
||||
citation: "10 U.S.C. § 527"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s527"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
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source_hash: "51e9eb7c084458835482f366910532ab84281b646467bba4ac7d67849bc20bda"
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raw_snapshot_hash: "06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1"
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text_hash: "00ab80c22f752f206ceae0d071f4e670e3ba0aea7f93774b3c51ccb7cb46a894"
|
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retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 527 - Authority to suspend sections 523, 525, and 526
|
||||
|
||||
## Text
|
||||
|
||||
In time of war, or of national emergency declared by Congress or the President after November 30, 1980, the President may suspend the operation of any provision of section 523, 525, or 526 of this title. So long as such war or national emergency continues, any such suspension may be extended by the President. Any such suspension shall, if not sooner ended, end on the last day of the two-year period beginning on the date on which the suspension (or the last extension thereof) takes effect or on the last day of the one-year period beginning on the date of the termination of the war or national emergency, whichever occurs first. With respect to the end of any such suspension, the preceding sentence supersedes the provisions of title II of the National Emergencies Act (50 U.S.C. 1621–1622) which provide that powers or authorities exercised by reason of a national emergency shall cease to be exercised after the date of the termination of the emergency.
|
||||
|
||||
(Added Pub. L. 96–513, title I, § 103, Dec. 12, 1980, 94 Stat. 2845, § 526; renumbered § 527 and amended Pub. L. 100–370, § 1(b)(1)(A), (2), July 19, 1988, 102 Stat. 840; Pub. L. 103–337, div. A, title XVI, § 1671(c)(4), Oct. 5, 1994, 108 Stat. 3014.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThe National Emergencies Act, referred to in text, is Pub. L. 94–412, Sept. 14, 1976, 90 Stat. 1255, as amended. Title II of the National Emergencies Act is classified generally to subchapter II (§ 1621 et seq.) of chapter 34 of Title 50, War and National Defense. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 50 and Tables.
|
||||
|
||||
Amendments1994—Pub. L. 103–337 struck out “524,” after “523,” in section catchline and in text. 1988—Pub. L. 100–370 renumbered section 526 of this title as this section, substituted “524, 525, and 526” for “524, and 525” in section catchline, and “524, 525, or 526” for “524, or 525” in text.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1994 AmendmentAmendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title.
|
||||
|
||||
Effective DateSection 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.
|
||||
|
||||
Authority To Waive Grade Strength Laws For Fiscal Year 1991; Certification; Relationship to Other Suspension AuthorityPub. L. 102–25, title II, §§ 201(b), 202, 205(b), Apr. 6, 1991, 105 Stat. 79, 80, authorized Secretary of a military department to suspend, for fiscal year 1991, the operation of any provision of section 517, 523, 524, 525, or 526 of this title with respect to that military department, that such Secretary may exercise such authority only after submission to the congressional defense committees of a certification in writing that such authority is necessary because of personnel actions associated with Operation Desert Storm, and that such authority is in addition to the authority provided in this section.
|
||||
|
||||
Executive Documents
|
||||
|
||||
Delegation of Functions Functions of President under this section to suspend operation of sections 523, 524 [now 12011], and 525 of this title, relating to authorized strength of commissioned officers, delegated to Secretary of Defense to perform during a time of war or national emergency, without approval, ratification, or other action by President, and with authority for Secretary to redelegate, provided that, during a national emergency declared by President, the exercise of any such authority be specifically directed by President in accordance with section 1631 of Title 50, War and National Defense, and that Secretary ensure that actions taken pursuant to any authority so delegated be accounted for as required by section 1641 of Title 50, see Ex. Ord. No. 12396, §§ 2, 3, Dec. 9, 1982, 47 F.R. 55897, 55898, set out as a note under section 301 of Title 3, The President.
|
||||
|
||||
Delegation of Authority Authority of President under this section as invoked by sections 2 and 3 of Ex. Ord. No. 13223, Sept. 14, 2001, 66 F.R. 48201, as amended, delegated to Secretary of Defense by section 4 of Ex. Ord. No. 13223, set out as a note under section 12302 of this title.
|
||||
@@ -0,0 +1,69 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 528"
|
||||
description: "Officers serving in certain intelligence positions: military status; application of distribution and strength limitations; pay and allowances"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "32"
|
||||
chapter_name: "OFFICER STRENGTH AND DISTRIBUTION IN GRADE"
|
||||
section: "528"
|
||||
citation: "10 U.S.C. § 528"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s528"
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||||
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raw_snapshot_hash: "06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1"
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text_hash: "b08f3b9b38f51e8a6a8f1983ed0e7b62e0d7346f57fe4e442501b62331f7b272"
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||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 528 - Officers serving in certain intelligence positions: military status; application of distribution and strength limitations; pay and allowances
|
||||
|
||||
## Text
|
||||
|
||||
(a) Military Status.— An officer of the armed forces, while serving in a position covered by this section—
|
||||
|
||||
(1) shall not be subject to supervision or control by the Secretary of Defense or any other officer or employee of the Department of Defense, except as directed by the Secretary of Defense concerning reassignment from such position; and
|
||||
|
||||
(2) may not exercise, by reason of the officer’s status as an officer, any supervision or control with respect to any of the military or civilian personnel of the Department of Defense except as otherwise authorized by law.
|
||||
|
||||
(b) Director and Deputy Director of CIA.— When the position of Director or Deputy Director of the Central Intelligence Agency is held by an officer of the armed forces, the position, so long as the officer serves in the position, shall be designated, pursuant to subsection (b) of section 526 of this title, as one of the general officer and flag officer positions to be excluded from the limitations in subsection (a) of such section.
|
||||
|
||||
(c) Associate Director of Military Affairs, CIA.— When the position of Associate Director of Military Affairs, Central Intelligence Agency, or any successor position, is held by an officer of the armed forces, the position, so long as the officer serves in the position, shall be designated, pursuant to subsection (b) of section 526 of this title, as one of the general officer and flag officer positions to be excluded from the limitations in subsection (a) of such section.
|
||||
|
||||
(d) Officers Serving in Office of DNI.— When a position in the Office of the Director of National Intelligence designated by agreement between the Secretary of Defense and the Director of National Intelligence is held by a general officer or flag officer of the armed forces, the position, so long as the officer serves in the position, shall be designated, pursuant to subsection (b) of section 526 of this title, as one of the general officer and flag officer positions to be excluded from the limitations in subsection (a) of such section. However, not more than five of such positions may be included among the excluded positions at any time.
|
||||
|
||||
(e) Effect of Appointment.— Except as provided in subsection (a), the appointment or assignment of an officer of the armed forces to a position covered by this section shall not affect—
|
||||
|
||||
(1) the status, position, rank, or grade of such officer in the armed forces; or
|
||||
|
||||
(2) any emolument, perquisite, right, privilege, or benefit incident to or arising out of such status, position, rank, or grade.
|
||||
|
||||
(f) Military Pay and Allowances.— (1) An officer of the armed forces on active duty who is appointed or assigned to a position covered by this section shall, while serving in such position and while remaining on active duty, continue to receive military pay and allowances and shall not receive the pay prescribed for such position.
|
||||
|
||||
(2) Funds from which pay and allowances under paragraph (1) are paid to an officer while so serving shall be reimbursed as follows:
|
||||
|
||||
(A) For an officer serving in a position within the Central Intelligence Agency, such reimbursement shall be made from funds available to the Director of the Central Intelligence Agency.
|
||||
|
||||
(B) For an officer serving in a position within the Office of the Director of National Intelligence, such reimbursement shall be made from funds available to the Director of National Intelligence.
|
||||
|
||||
(g) Covered Positions.— The positions covered by this section are the positions specified in subsections (b) and (c) and the positions designated under subsection (d).
|
||||
|
||||
(Added Pub. L. 108–136, div. A, title V, § 507(a), Nov. 24, 2003, 117 Stat. 1458; amended Pub. L. 109–163, div. A, title V, § 507(a), Jan. 6, 2006, 119 Stat. 3228; Pub. L. 109–364, div. A, title V, § 501(a), (b)(1), Oct. 17, 2006, 120 Stat. 2175, 2176; Pub. L. 110–417, [div. A], title IX, § 933, Oct. 14, 2008, 122 Stat. 4576; Pub. L. 111–259, title VIII, § 803, Oct. 7, 2010, 124 Stat. 2746; Pub. L. 112–81, div. A, title V, § 502(d)(1), (2)(A), Dec. 31, 2011, 125 Stat. 1387, 1388.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Prior ProvisionsA prior section 528, added Pub. L. 103–337, div. A, title IV, § 405(b)(1), Oct. 5, 1994, 108 Stat. 2744; amended Pub. L. 104–106, div. A, title IV, § 403(b), title XV, § 1503(a)(4), Feb. 10, 1996, 110 Stat. 287, 511; Pub. L. 104–201, div. A, title X, § 1074(a)(3), Sept. 23, 1996, 110 Stat. 2658, which related to limitation on number of officers on active duty in grades of general and admiral, was repealed by Pub. L. 107–107, div. A, title V, § 501(a), Dec. 28, 2001, 115 Stat. 1079.
|
||||
|
||||
Amendments2011—Pub. L. 112–81, § 502(d)(2)(A), substituted “Officers serving in certain intelligence positions: military status; application of distribution and strength limitations; pay and allowances” for “Officers serving in certain intelligence positions: military status; exclusion from distribution and strength limitations; pay and allowances” in section catchline. Subsecs. (b) to (d). Pub. L. 112–81, § 502(d)(1), added subsecs. (b) to (d) and struck out former subsecs. (b) to (d) which related to Director and Deputy Director of CIA, Associate Director of Military Affairs of CIA, and Officers Serving in the Office of DNI, respectively. 2010—Subsec. (c). Pub. L. 111–259 substituted “Associate Director of Military Affairs, CIA” for “Associate Director of CIA for Military Affairs” in heading and “Associate Director of Military Affairs, Central Intelligence Agency, or any successor position” for “Associate Director of the Central Intelligence Agency for Military Affairs” in text. 2008—Subsec. (c). Pub. L. 110–417 substituted “Military Affairs” for “Military Support” in heading and text. 2006—Pub. L. 109–364, § 501(b)(1), amended section catchline generally, substituting “Officers serving in certain intelligence positions: military status; exclusion from distribution and strength limitations; pay and allowances” for “Exclusion: officers serving in certain intelligence positions”. Pub. L. 109–163 amended section catchline and text generally. Prior to amendment, text read as follows: “(a) When none of the individuals serving in a position specified in subsection (b) is an officer of the armed forces, an officer of the armed forces assigned to the position of Associate Director of Central Intelligence for Military Support, while serving in that position, shall not be counted against the numbers and percentages of officers of the grade of that officer authorized for that officer’s armed force. “(b) The positions referred to in subsection (a) are the following: “(1) Director of Central Intelligence. “(2) Deputy Director of Central Intelligence. “(3) Deputy Director of Central Intelligence for Community Management.” Subsecs. (a), (b). Pub. L. 109–364, § 501(a)(1), added subsecs. (a) and (b) and struck out former subsecs. (a) and (b) which read as follows: “(a) Exclusion of Officer Serving in Certain CIA Positions.—When either of the individuals serving in a position specified in subsection (b) is an officer of the armed forces, one of those officers, while serving in that position, shall be excluded from the limitations in sections 525 and 526 of this title. “(b) Covered Positions.—The positions referred to in this subsection are the following: “(1) Director of the Central Intelligence Agency. “(2) Deputy Director of the Central Intelligence Agency.” Subsecs. (e) to (g). Pub. L. 109–364, § 501(a)(2), added subsecs. (e) to (g).
|
||||
Reference in New Issue
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