10 U.S.C. § 525 : US Code - Section 525: Distribution of commissioned officers on active duty in general officer and flag officer grades

Search 10 U.S.C. § 525 : US Code - Section 525: Distribution of commissioned officers on active duty in general officer and flag officer grades

      (a) For purposes of the applicable limitation in section 526(a)
    of this title on general and flag officers on active duty, no
    appointment of an officer on the active duty list may be made as
    follows:
        (1) in the Army, if that appointment would result in more than -
       
          (A) 7 officers in the grade of general;
          (B) 45 officers in a grade above the grade of major general;
        or
          (C) 90 officers in the grade of major general;

        (2) in the Air Force, if that appointment would result in more
      than - 
          (A) 9 officers in the grade of general;
          (B) 43 officers in a grade above the grade of major general;
        or
          (C) 73 officers in the grade of major general;

        (3) in the Navy, if that appointment would result in more than -
       
          (A) 6 officers in the grade of admiral;
          (B) 32 officers in a grade above the grade of rear admiral;
        or
          (C) 50 officers in the grade of rear admiral;

        (4) in the Marine Corps, if that appointment would result in
      more than - 
          (A) 2 officers in the grade of general;
          (B) 15 officers in a grade above the grade of major general;
        or
          (C) 22 officers in the grade of major general.

      (b) The limitations of subsection (a) do not include the
    following:
        (1) An officer released from a joint duty assignment, but only
      during the 60-day period beginning on the date the officer
      departs the joint duty assignment, except that the Secretary of
      Defense may authorize the Secretary of a military department to
      extend the 60-day period by an additional 120 days, but no more
      than three officers from each armed forces may be on active duty
      who are excluded under this paragraph.
        (2) The number of officers required to serve in joint duty
      assignments as authorized by the Secretary of Defense under
      section 526(b) for each military service.

      (c)(1) Subject to paragraph (3), the President - 
        (A) may make appointments in the Army, Air Force, and Marine
      Corps in the grades of lieutenant general and general in excess
      of the applicable numbers determined under this section if each
      such appointment is made in conjunction with an offsetting
      reduction under paragraph (2); and
        (B) may make appointments in the Navy in the grades of vice
      admiral and admiral in excess of the applicable numbers
      determined under this section if each such appointment is made in
      conjunction with an offsetting reduction under paragraph (2).

      (2) For each appointment made under the authority of paragraph
    (1) in the Army, Air Force, or Marine Corps in the grade of
    lieutenant general or general or in the Navy in the grade of vice
    admiral or admiral, the number of appointments that may be made in
    the equivalent grade in one of the other armed forces (other than
    the Coast Guard) shall be reduced by one. When such an appointment
    is made, the President shall specify the armed force in which the
    reduction required by this paragraph is to be made.
      (3)(A) The number of officers that may be serving on active duty
    in the grades of lieutenant general and vice admiral by reason of
    appointments made under the authority of paragraph (1) may not
    exceed 15.
      (B) The number of officers that may be serving on active duty in
    the grades of general and admiral by reason of appointments made
    under the authority of paragraph (1) may not exceed 5.
      (4) Upon the termination of the appointment of an officer in the
    grade of lieutenant general or vice admiral or general or admiral
    that was made in connection with an increase under paragraph (1) in
    the number of officers that may be serving on active duty in that
    armed force in that grade, the reduction made under paragraph (2)
    in the number of appointments permitted in such grade in another
    armed force by reason of that increase shall no longer be in
    effect.
      (d) An officer continuing to hold the grade of general or admiral
    under section 601(b)(5) of this title after relief from the
    position of Chairman of the Joint Chiefs of Staff, Chief of Staff
    of the Army, Chief of Naval Operations, Chief of Staff of the Air
    Force, or Commandant of the Marine Corps shall not be counted for
    purposes of this section.
      (e) The following officers shall not be counted for purposes of
    this section:
        (1) An officer of that armed force in the grade of brigadier
      general or above or, in the case of the Navy, in the grade of
      rear admiral (lower half) or above, who is on leave pending the
      retirement, separation, or release of that officer from active
      duty, but only during the 60-day period beginning on the date of
      the commencement of such leave of such officer.
        (2) At the discretion of the Secretary of Defense, an officer
      of that armed force who has been relieved from a position
      designated under section 601(a) of this title or by law to carry
      one of the grades specified in such section, but only during the
      60-day period beginning on the date on which the assignment of
      the officer to the first position is terminated or until the
      officer is assigned to a second such position, whichever occurs
      first.

      (f) An officer while serving as Attending Physician to the
    Congress is in addition to the number that would otherwise be
    permitted for that officer's armed force for officers serving on
    active duty in grades above brigadier general or rear admiral
    (lower half) under subsection (a).
      (g)(1) The limitations of this section do not apply to a reserve
    component general or flag officer who is on active duty for a
    period in excess of 365 days, but not to exceed three years, except
    that the number of officers from each reserve component who are
    covered by this subsection and are not serving in a position that
    is a joint duty assignment for purposes of chapter 38 of this title
    may not exceed 5 per component, unless authorized by the Secretary
    of Defense.
      (2) Not later than 30 days after authorizing a number of reserve
    component general or flag officers in excess of the number
    specified in paragraph (1), the Secretary of Defense shall notify
    the Committees on Armed Services of the Senate and the House of
    Representatives of such authorization, and shall include with such
    notice a statement of the reason for such authorization.