Section 601 (b)(4) of this title, referred to in subsec. (d), was redesignated section 601 (b)(5) of this title by Pub. L. 110–181, div. A, title V, § 501(a)(2), Jan. 28, 2008, 122 Stat. 94.

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 officers 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), substituted “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 position, 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 subpar. (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), substituted “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 inserted “of the Army or Air Force” after “general officers”.

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 sentence in the number of officers of an armed force serving 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 increase 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, substituted “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), substituted “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 admiral (lower half)” for “commodore” in two places.

1981—Subsec. (a). Pub. L. 97–86 substituted “commodore” for “commodore admiral” in two places.

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 required by subsection (c) [set out below].”

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.

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 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.”

Section 511(b) of Pub. L. 100–180 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 Marine Corps serving in the grade of general by reason of an appointment authorized by section 511(3) of the National Defense Authorization Act for Fiscal Year 1987 (Public Law 99–661; 100 Stat. 3869) [see below], that appointment shall not be terminated except as provided in section 601 of title 10, United States Code.”

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.

Pub. L. 110–417, [div. A], title V, § 506, Oct. 14, 2008, 122 Stat. 4434, provided that:

“(a) Implementation of Special General Officer and Flag Officer Authority.—

“(1) Report on proposed implementation.—The Secretary of Defense shall submit to the Committees on Armed Forces of the Senate and House of Representatives a report, reflecting input from the Armed Forces, containing the following:

“(A) A statement of the total number of validated and required joint duty assignments for general officers and flag officers and the total number of validated assignments for general officers and flag officers required by the Army, Navy, Air Force, and Marine Corps to meet internal (non-joint) requirements.

“(B) A description of the process used by the Secretary of Defense and the Secretary of the military department concerned to validate joint general officer and flag officer requirements and authorizations under the authority provided by this section and how that process will function to make adjustments (increases and reductions) in the numbers of general officers and flag officers required for joint duty assignments and internal requirements of the Armed Force concerned.

“(C) A description of how the Secretary of Defense intends to minimize the incremental approaches to increases in the number of general officers and flag officers and the use of exemptions to effect such increases.

“(D) A description of how the Secretaries of the military departments intend to manage the increase and development of general officer and flag officer positions under the authority provided by this section.

“(E) An explanation of and rationale for the grade distribution of the general and flag officers in the joint pool authorized by subsection (f)(1).

“(F) A proposal specifying such legislative changes, including technical and conforming changes, as may be necessary to conform sections 525, 526, and 721 of title 10, United States Code, and such other provisions of such title relating to the management of general officers and flag officers to the authorities provided by this section.

“(2) Time for implementation.—After the end of the one-year period beginning on the date on which the Secretary of Defense submits the report required by paragraph (1), the Secretary of Defense may implement the authorities provided by this section regarding the distribution of commissioned officers on active duty in general officer and flag officer grades and altering the limitations on authorized strengths of general and flag officers on active duty.

“(3) Effect of implementation.—After the implementation date specified in paragraph (2), the authorities provided by this section supersede any requirement of section 525, 526, or 721 of title 10, United States Code, to the contrary.

“(b) Distribution of General and Flag Officers.—After the implementation date specified in subsection (a)(2), no appointment of an officer on the active duty list officer may be made—

“(1) in the Army, if that appointment would result in more than—

“(A) 225 officers serving on active duty above the grade of colonel;

“(B) 7 officers in the grade of general;

“(C) 45 officers in a grade above the grade of major general; or

“(D) 90 officers in the grade of major general;

“(2) in the Air Force, if that appointment would result in more than—

“(A) 208 officers serving on active duty in a grade above the grade of colonel;

“(B) 9 officers in the grade of general;

“(C) 43 officers in a grade above the grade of major general; or

“(D) 73 officers in the grade of major general;

“(3) in the Navy, if that appointment would result in more than—

“(A) 160 officers serving on active duty in a grade above the grade of captain;

“(B) 6 officers in the grade of admiral;

“(C) 32 officers in a grade above the grade of rear admiral; or

“(D) 50 officers in the grade of rear admiral; or

“(4) in the Marine Corps, if that appointment would result in more than—

“(A) 60 officers serving on active duty in a grade above the grade of colonel;

“(B) 2 officers in the grade of general;

“(C) 15 officers in a grade above the grade of major general; or

“(D) 22 officers in the grade of major general.

“(c) Exclusion of Certain Officers From Distribution Limits.—

“(1) Joint assignments.—The limitations contained in subsection (b) do not apply to officers serving in joint duty assignments, as designated by the Secretary of Defense under section 526 (b) of title 10, United States Code, or this section or for officers released from joint duty assignments, but only during the 60-day period beginning on the date the officer departs the joint duty assignment. Of the officers serving in such joint duty assignments—

“(A) the number of officers in the grade of general or admiral may not exceed 20;

“(B) the number of officers in a grade above the grade of major general or rear admiral may not exceed 68; and

“(C) the number of officers in the grade of major general or rear admiral may not exceed 144.

“(2) Officers after relief from certain positions.—An officer continuing to hold the grade of general or admiral under section 601 (b)(4) 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 shall not be counted for purposes of subsection (b).

“(3) Attending physician.—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 (b).

“(4) Officers pending retirement or after relief and related circumstances.—The following officers shall not be counted for purposes of subsection (b):

“(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, 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.

“(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, and is under orders to assume another such position, but only during the 60-day period beginning on the date on which those orders are published.

“(d) Appointments in Excess of Distribution Limits.—

“(1) Appointment authority.—Subject to paragraph (3), the President—

“(A) may make appointments in the Army, Air Force, and Marine Corps in the grade of lieutenant general and in the Army, Air Force, and Marine Corps in the grade of general in excess of the applicable numbers determined under subsection (b) 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 subsection (b) if each such appointment is made in conjunction with an offsetting reduction under paragraph (2).

“(2) Offsetting reductions.—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) Maximum.—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. 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) Duration of reduction.—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.

“(e) Authorized Strength Limits for General and Flag Officers on Active Duty.—After the implementation date specified in subsection (a)(2), the number 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, may not exceed the number specified for the Armed Force concerned as follows:

“(1) For the Army, 225.

“(2) For the Navy, 160.

“(3) For the Air Force, 208.

“(4) For the Marine Corps, 60.

“(f) Limited Exclusion for Joint Duty Requirements.—

“(1) Designation of positions.—The Secretary of Defense may designate up to 324 general officer and flag officer positions that are joint duty assignments for the purposes of chapter 38 of title 10, United States Code, for exclusion from the limitations in subsection (e). The Secretary of Defense will allocate these exclusions to the Armed Forces based on the number of general or flag officers required from each Armed Force for assignment to these designated positions.

“(2) Minimum number of positions.—Unless the Secretary of Defense determines that a lower number is in the best interests of the United States, the minimum number of officers serving in positions designated under paragraph (1) for each Armed Force shall be as follows:

“(A) For the Army, 85.

“(B) For the Navy, 61.

“(C) For the Air Force, 76.

“(D) For the Marine Corps, 21.

“(g) Temporary Exclusion for Assignment to Certain Temporary Billets.—The limitations in subsection (e) do not apply to a general or flag officer assigned to a temporary joint duty assignment billet designated by the Secretary of Defense for purposes of this section. A general or flag officer assigned to a temporary joint duty assignment as described in this subsection may not be excluded under this subsection from the limitations in subsection (e) for a period longer than one year.

“(h) Exclusion of Certain Reserve Officers.—

“(1) Distribution limits.—The limitations of subsection (b) do not apply to a reserve component general or flag officer who is on active duty and serving in billets other than joint duty assignments under a call or order specifying a period of not longer than two years.

“(2) Authorized strength limits.—The limitations in subsection (e) do not apply to a reserve component general or flag officer who is on active duty and serving in a position that is a joint duty assignment for the purposes of chapter 38 of title 10, United States Code, for a period not to exceed three years.

“(i) Pending or After Joint Duty Assignments.—Upon determination by the Secretary of Defense that such action is in the national interest, the Secretary may allow the Secretary of a military department to exceed the distribution of general and flag officers established under subsection (b) and the limitation in subsection (e) for up to one year for officers pending assignment to or return from joint duty assignments designated under section 526 (b) of title 10, United States Code, or this section.”

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 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 (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.”

Pub. L. 103–337, div. A, title IV, § 405(d), Oct. 5, 1994, 108 Stat. 2745, directed the Secretary of Defense to submit 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 section, not later than Mar. 1, 1996.

Section 406 of Pub. L. 103–337 provided that: “The officer serving as Superintendent 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 limitations contained in section 525 (b)(2) of title 10, United States Code.”

Temporary increases in the number of officers authorized 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.