Source
(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.)
Amendments
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).
Effective Date of 2006 Amendment
Pub. 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.
Effective Date of 1996 Amendment
Section 403(d) of
Pub. L. 104–201 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.”
Effective Date of 1994 Amendment
Amendment 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 Date of 1985 Amendment
Section 511(b) of
Pub. L. 99–145 provided that: “The amendments made by subsection (a) [amending this section] shall take effect on October 1, 1985.”
Temporary Variation in DOPMA Authorized End Strength Limitations for Active Duty Air Force and Navy Officers in Certain Grades
Pub. 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.
Temporary Variation of End Strength Limitations for Army Majors and Lieutenant Colonels
Section 402 of
Pub. L. 103–337 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.
Temporary Variation of End Strength Limitations for Marine Corps Majors and Lieutenant Colonels
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 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.
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 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.
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 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.
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 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).
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 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.