
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC525]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
         CHAPTER 32--OFFICER STRENGTH AND DISTRIBUTION IN GRADE
 
Sec. 525. Distribution of commissioned officers on active duty 
        in general officer and flag officer grades
        
    (a) No appointment may be made in a grade above brigadier general in 
the Army, Air Force, or Marine Corps if that appointment would result in 
more than 50 percent of the general officers of that armed force on 
active duty being in grades above brigadier general. No appointment may 
be made in a grade above rear admiral (lower half) in the Navy if that 
appointment would result in more than 50 percent of the flag officers of 
the Navy on active duty being in grades above rear admiral (lower half).
    (b)(1) No appointment may be made in a grade above major general in 
the Army or Air Force if that appointment would result in more than 15.7 
percent of the general officers of that armed force on active duty being 
in grades above major general. Of the 15.7 percent of general officers 
of the Army or Air Force on active duty who may be serving in grades 
above major general, not more than 25 percent may be serving in the 
grade of general.
    (2)(A) No appointment may be made in a grade above rear admiral in 
the Navy if that appointment would result in more than 15.7 percent of 
the flag officers of the Navy on active duty being in grades above rear 
admiral. Of the 15.7 percent of flag officers on active duty who may be 
serving in grades above rear admiral, not more than 25 percent may be 
serving in the grade of admiral.
    (B) No appointment may be made in a grade above major general in the 
Marine Corps if that appointment would result in more than 16.2 percent 
of the general officers of the Marine Corps on active duty being in 
grades above major general.
    (3) An officer while serving as Chairman or Vice Chairman of the 
Joint Chiefs of Staff or as Chief of Staff to the President, if serving 
in the grade of general or admiral, is in addition to the number that 
would otherwise be permitted for his armed force for that grade under 
paragraph (1) or (2).
    (4)(A) An officer while serving in a position designated under 
subparagraph (B), if serving in the grade of lieutenant general or vice 
admiral, is in addition to the number that would otherwise be permitted 
for that officer's armed force for that grade under paragraph (1) or 
(2).
    (B) The President, with the advice and assistance of the Secretary 
of Defense and the Chairman of the Joint Chiefs of Staff, may designate 
not more than seven positions within the Joint Staff (provided for under 
section 155 of this title) as positions referred to in subparagraph (A). 
The authority of the President under the preceding sentence may not be 
delegated.
    (5)(A) An officer while serving in a position specified in section 
604(b) of this title, if serving in the grade of general or admiral, 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 major general or rear admiral, as the case may be, under the first 
sentence of paragraph (1) or (2), as applicable. 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.
    (B) Subparagraph (A) does not apply in the case of an officer 
serving in such a position if the Secretary of Defense, when considering 
officers for recommendation to the President for appointment to fill the 
vacancy in that position which was filled by that officer, did not have 
a recommendation for that appointment from each Secretary of a military 
department who (pursuant to section 604(a) of this title) was required 
to make such a recommendation.
    (C) This paragraph shall cease to be effective at the end of 
September 30, 2003.
    (6) An officer while serving as Chief of the National Guard Bureau 
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 major general under paragraph (1).
    (7) 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 paragraph (1). 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 paragraph (1) or (2). 
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 paragraph (1).
    (c)(1) 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 and Air 
    Force in the grade of general in excess of the applicable numbers 
    determined under subsection (b)(1), and may make appointments in the 
    Marine Corps in the grade of general in addition to the Commandant 
    and Assistant Commandant, 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)(2) 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 
the number equal to 10 percent of the total number of officers that may 
be serving on active duty in those grades in the Army, Navy, Air Force, 
and Marine Corps under subsection (b).
    (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 the number equal to 15 percent 
of the total number of general officers and flag officers that may be 
serving on active duty in those grades in the Army, Navy, Air Force, and 
Marine Corps.
    (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)(4) 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.

(Added Pub. L. 96-513, title I, Sec. 103, Dec. 12, 1980, 94 Stat. 2844; 
amended Pub. L. 97-86, title IV, Sec. 405(b)(1), Dec. 1, 1981, 95 Stat. 
1105; Pub. L. 99-145, title V, Sec. 514(b)(1), Nov. 8, 1985, 99 Stat. 
628; Pub. L. 99-433, title II, Sec. 202(a), Oct. 1, 1986, 100 Stat. 
1010; Pub. L. 100-180, div. A, title V, Sec. 511(a), Dec. 4, 1987, 101 
Stat. 1088; Pub. L. 101-510, div. A, title IV, Sec. 405, Nov. 5, 1990, 
104 Stat. 1546; Pub. L. 103-337, div. A, title IV, Sec. 405(a), Oct. 5, 
1994, 108 Stat. 2744; Pub. L. 104-106, div. A, title IV, Sec. 403(a), 
Feb. 10, 1996, 110 Stat. 286; Pub. L. 104-201, div. A, title IV, 
Sec. 404(b), Sept. 23, 1996, 110 Stat. 2506; Pub. L. 105-261, div. A, 
title IV, Secs. 404, 406, Oct. 17, 1998, 112 Stat. 1996; Pub. L. 106-65, 
div. A, title V, Secs. 509(b), (c), 532(b), Oct. 5, 1999, 113 Stat. 592, 
604; Pub. L. 106-398, Sec. 1 [[div. A], title V, Sec. 507(g)], Oct. 30, 
2000, 114 Stat. 1654, 1654A-105.)


                               Amendments

    2000--Subsec. (b)(1). Pub. L. 106-398, Sec. 1 [[div. A], title V, 
Sec. 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, Sec. 1 [[div. A], title V, 
Sec. 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, Sec. 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, Sec. 509(b), substituted 
``September 30, 2003'' for ``September 30, 2000''.
    Subsec. (b)(7). Pub. L. 106-65, Sec. 532(b), added par. (7).
    1998--Subsec. (b)(4)(B). Pub. L. 105-261, Sec. 404, substituted 
``seven'' for ``six''.
    Subsec. (b)(6). Pub. L. 105-261, Sec. 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, Sec. 405(b), substituted 
``that would otherwise be permitted for'' for ``authorized''.
    Subsec. (b)(4). Pub. L. 101-510, Sec. 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.


                    Effective Date of 1981 Amendment

    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.


                    Implementation of 2000 Amendments

    Pub. L. 106-398, Sec. 1 [[div. A], title V, Sec. 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.''


                            Savings Provision

    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.''


    Report on Management of Senior General and Flag Officer Positions

    Section 405(d) of Pub. L. 103-337 provided that: ``Not later than 
March 1, 1996, the Secretary of Defense shall submit to Congress a 
report on the implementation of the amendments made by this section 
[enacting sections 528 and 604 of this title and amending this section]. 
The report shall include an assessment of the effectiveness of those 
amendments in meeting the objective of encouraging more competition 
among all services for appointment of officers to joint three-star and 
four-star positions. The report may include such additional 
recommendations concerning general and flag officer selection policy as 
the Secretary considers appropriate.''


  Temporary Exclusion of Superintendent of Naval Academy From Counting 
    Toward Number of Senior Admirals Authorized To Be on Active Duty

    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 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:
    Pub. L. 99-661, div. A, title V, Sec. 511, Nov. 14, 1986, 100 Stat. 
3869.
    Pub. L. 99-570, title III, Sec. 3058, Oct. 27, 1986, 100 Stat. 3207-
79.
    Pub. L. 99-145, title V, Sec. 515, Nov. 8, 1985, 99 Stat. 630.
    Pub. L. 98-525, title V, Sec. 511, Oct. 19, 1984, 98 Stat. 2521.
    Pub. L. 98-94, title X, Sec. 1001, Sept. 24, 1983, 97 Stat. 654.
    Pub. L. 97-252, title XI, Sec. 1116, Sept. 8, 1982, 96 Stat. 750.

                  Section Referred to in Other Sections

    This section is referred to in sections 517, 526, 527, 3038, 5143, 
5144, 8038, 10506, 12011, 12012 of this title.
