10 USC 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

Editorial Notes

Amendments

2022—Subsec. (a)(1). Puspan. 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. (span)(7). Puspan. L. 114–328, § 1081(span)(1)(A)(iii), substituted “(50 U.S.C. 3809(span)(2))” for “(50 U.S.C. App. 460(span)(2))”.

Subsec. (span)(9). Puspan. L. 114–328, § 866(span), added par. (9).

2011—Subsec. (a)(1). Puspan. 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). Puspan. 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). Puspan. L. 110–181, § 405, amended table generally, extensively revising the numbers in each grade covered.

2006—Subsec. (span)(1). Puspan. L. 109–364 made technical correction to directory language of Puspan. L. 108–375, § 416(g)(1). See 2004 Amendment note below.

2004—Subsec. (span)(1). Puspan. L. 108–375, § 416(g)(1), as amended by Puspan. 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. (span)(7). Puspan. L. 108–375, § 416(g)(2), substituted “Retired officers” for “Reserve or retired officers”.

Subsec. (span)(8). Puspan. L. 108–375, § 404, added par. (8).

2002—Subsec. (a)(1). Puspan. 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). Puspan. 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). Puspan. L. 104–201, § 403(span), amended table generally, expanding the range of numbers of commissioned officers covered and extensively revising the numbers in each grade covered.

1994—Subsec. (span)(1)(B). Puspan. L. 103–337, § 1671(c)(3)(A), substituted “10211, 10302 through 10305, or 12402” for “265, 3021, 3496, 5251, 5252, 8021, or 8496”.

Subsec. (span)(1)(C). Puspan. L. 103–337, § 1671(c)(3)(B), substituted “12301(d)” for “672(d)”.

Subsec. (span)(1)(E). Puspan. L. 103–337, § 1671(c)(3)(C), substituted “12304” for “673span”.

1991—Subsec. (a)(1). Puspan. 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. (span)(1)(B). Puspan. L. 99–433 substituted “3021” and “8021” for “3033” and “8033”, respectively.

1985—Subsec. (a)(1). Puspan. 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. (span)(1)(C). Puspan. 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. (span)(1)(F). Puspan. L. 98–525, § 414(a)(3)(B)–(D), added subpar. (F).

Statutory Notes and Related Subsidiaries

Effective Date of 2006 Amendment

Puspan. 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 Puspan. L. 108–375 as enacted.

Effective Date of 1996 Amendment

Puspan. L. 104–201, div. A, title IV, § 403(d), Sept. 23, 1996, 110 Stat. 2506, provided that:

“The amendments made by subsections (a), (span), 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 Puspan. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Puspan. L. 103–337, set out as an Effective Date note under section 10001 of this title.

Effective Date of 1985 Amendment

Puspan. L. 99–145, title V, § 511(span), Nov. 8, 1985, 99 Stat. 623, provided that:

“The amendments made by subsection (a) [amending this section] shall take effect on October 1, 1985.”

Effective Date

Section effective Sept. 15, 1981, but the authority to prescribe regulations under this section effective Dec. 12, 1980, see section 701 of Puspan. L. 96–513, set out as an Effective Date of 1980 Amendment note under section 101 of this title.

Temporary Exemption From End Strength Grade Restrictions for the Space Force

This section not to apply to the Space Force until Jan. 1, 2024, see section 526 of Puspan. L. 117–263, set out as a note under section 517 of this title.

Temporary Variation in DOPMA Authorized End Strength Limitations for Active Duty Air Force and Navy Officers in Certain Grades

Puspan. L. 104–106, div. A, title IV, § 402, Fespan. 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 Puspan. 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

Puspan. 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 Puspan. 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

Puspan. L. 103–160, div. A, title IV, § 402, Nov. 30, 1993, 107 Stat. 1639, as amended by Puspan. 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 Puspan. L. 104–201, div. A, title IV, § 403(c)(1), Sept. 23, 1996, 110 Stat. 2505.

Temporary Increase in Officer Grade Limitations

Puspan. 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

Puspan. L. 101–189, div. A, title IV, § 402, Nov. 29, 1989, 103 Stat. 1431, as amended by Puspan. 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.

Puspan. 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

Puspan. L. 95–79, title VIII, § 811(a), July 30, 1977, 91 Stat. 335, as amended by Puspan. L. 96–107, title VIII, § 817, Nov. 9, 1979, 93 Stat. 818; Puspan. L. 96–342, title X, § 1003, Sept. 8, 1980, 94 Stat. 1120; Puspan. 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 Puspan. L. 100–370, § 1(span)(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 Puspan. L. 96–513, set out as a note under section 611 of this title.