Title 10 — Armed Forces

Part II · Chapter 32 — Officer Strength and Distribution in Grade

§ 526. Authorized strength: general officers and flag officers on active duty

Statutory text

Limitations.—

The number of general officers on active duty in the Army, Air Force, Marine Corps, and Space Force, 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:

For the Army, 219.

For the Navy, 150.

For the Air Force, 168.

For the Marine Corps, 64.

For the Space Force, 24.

Limited Exclusion for Joint Duty Requirements.—

In general.—

The Secretary of Defense may designate up to 232 general officer and flag officer positions that are joint duty assignments for purposes of chapter 38 of this title for exclusion from the limitations in subsection (a).

Minimum number.—

Unless the Secretary of Defense determines that a lower number is in the best interest of the Department of Defense, the minimum number of officers serving in positions designated under paragraph (1) for each armed force shall be as follows:

For the Army, 75.

For the Navy, 53.

For the Air Force, 68.

For the Marine Corps, 17.

For the Space Force, 6.

Exclusion of Certain Officers of Reserve Components and of the Space Force.—

The limitations of this section do not apply to the following:

A general or flag officer of a reserve component or of the Space Force who is on active duty—

for training; or

under a call or order specifying a period of less than 180 days.

A general or flag officer of a reserve component who is authorized by the Secretary of the military department concerned to serve on active duty for a period of at least 180 days and not longer than 365 days.

The Secretary of the military department concerned may authorize a number, determined under subparagraph (C), of officers in the reserve component of each armed force under the jurisdiction of that Secretary to serve as described in subparagraph (A).

Each number described in subparagraph (B) may not exceed 10 percent of the number of general or flag officers, as the case may be, authorized to serve in the armed force concerned under section 12004 of this title. In determining a number under this subparagraph, any fraction shall be rounded down to the next whole number that is greater than zero.

The Secretary of the Air Force may authorize not more than two of the general officers authorized to serve in the Space Force under section 20110 of this title to serve on active service for a period of at least 180 days and not longer than 365 days.

A general or flag officer of a reserve component, or a Space Force general officer in a Space Force active status not on sustained duty, who is on active duty for a period longer than 365 days and not longer than three years.

The number of officers described in subparagraph (A) who do not serve in a position that is a joint duty assignment for purposes of chapter 38 of this title may not exceed five per armed force, unless authorized by the Secretary of Defense.

Exclusion of Certain Officers Pending Separation or Retirement or Between Senior Positions.—

The limitations of this section do not apply to—

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;

an officer of an 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; or

a Space Force officer in the grade of brigadier general or above who is pending transition off of sustained duty orders, but only during the 60-day period preceding the end date of such orders.

Temporary Exclusion for Assignment to Certain Temporary Billets.—

In general.—

The limitations in subsection (a) do not apply to a general officer or flag officer assigned to a temporary joint duty assignment designated by the Secretary of Defense.

Duration of exclusion.—

A general officer or flag officer assigned to a temporary joint duty assignment as described in paragraph (1) may not be excluded under this subsection from the limitations in subsection (a) for a period of longer than one year.

Exclusion of Officers Departing From Joint Duty Assignments.—

The limitations in subsection (a) do not apply to 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. The Secretary of Defense may authorize the Secretary of a military department to extend the 60-day period by an additional 120 days, except that not more than three officers on active duty from each armed force may be covered by the additional extension at the same time.

Exclusion of Medical Officer of Marine Corps.—

The limitations of this section do not apply to the flag officer who is serving as the Medical Officer of the Marine Corps.

Secretary of Defense Adaptive Force Account.—

The limitations in subsection (a) and in section 525(a) of this title do not apply to a general officer or flag officer assigned to the Secretary of Defense Adaptive Force Account as designated by the Secretary of Defense. The total number of positions designated as the Secretary of Defense Adaptive Force Account for purposes of this subsection shall not exceed 35.

Active-Duty Baseline.—

Notice and wait requirements.—

If the Secretary of a military department proposes an action that would increase above the baseline the number of general officers or flag officers of an armed force under the jurisdiction of that Secretary who would be on active duty and would count against the statutory limit applicable to that armed force under subsection (a), the action shall not take effect until after the end of the 60-calendar day period beginning on the date on which the Secretary provides notice of the proposed action, including the rationale for the action, to the Committees on Armed Services of the Senate and the House of Representatives.

Baseline defined.—

In paragraph (1), the term “baseline” for an armed force means the lower of—

the statutory limit of general officers or flag officers of that armed force under subsection (a); or

the actual number of general officers or flag officers of that armed force who, as of January 1, 2023, counted toward the statutory limit of general officers or flag officers of that armed force under subsection (a).

Joint Duty Assignment Baseline.—

Notice and wait requirement.—

If the Secretary of Defense, the Secretary of a military department, or the Chairman of the Joint Chiefs of Staff proposes an action that would increase above the baseline the number of general officers and flag officers of the armed forces in joint duty assignments who count against the statutory limit under subsection (b)(1), the action shall not take effect until after the end of the 60-calendar day period beginning on the date on which such Secretary or the Chairman, as the case may be, provides notice of the proposed action, including the rationale for the action, to the Committees on Armed Services of the Senate and the House of Representatives.

Baseline defined.—

In paragraph (1), the term “baseline” means the lower of—

the statutory limit on general officer and flag officer positions that are joint duty assignments under subsection (b)(1); or

the actual number of general officers and flag officers who, as of January 1, 2023, were in joint duty assignments counted toward the statutory limit under subsection (b)(1).

Annual Report.—

Not later than March 1 each year, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report specifying the following:

The numbers of general officers and flag officers who, as of January 1 of the calendar year in which the report is submitted, counted toward the service-specific limits of subsection (a).

The number of general officers and flag officers in joint duty assignments who, as of such January 1, counted toward the statutory limit under subsection (b)(1).

Transfer of Authorizations Among the Military Services.—

The Secretary of Defense may increase the maximum number of brigadier generals or major generals in the Army, Air Force, Marine Corps, or Space Force, or rear admirals (lower half) or rear admirals in the Navy, allowed under subsection (a) and section 525 of this title and the President may appoint officers in the equivalent grades equal to the number increased by the Secretary of Defense if each appointment is made in conjunction with an offsetting reduction under paragraph (2).

For each increase and appointment made under the authority of paragraph (1) in the Army, Navy, Air Force, Marine Corps, or Space Force, 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 increase and appointment is made, the Secretary of Defense shall specify the armed force in which the reduction required by this paragraph is to be made.

The total number of general officers and flag officers increased under paragraph (1), combined with the total number of general officers and flag officers increased under section 526(k)(1) of this title, may not exceed 15 at any one time.

The Secretary may not increase the maximum number of general officers or flag officers under paragraph (1) until the date that is 30 days after the date on which the Secretary provides, to the Committees on Armed Services of the Senate and the House of Representatives, written notice of—

such increase; and

each offsetting reduction under paragraph (2), specifying the armed force and billet so reduced.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

2016
National Defense Authorization Act for Fiscal Year 2017
Pub. L. 114–328 div. A title V § 501(h)(1) · 130 Stat. 2000
Enacted · 10 U.S.C. § 526
Added Pub. L. 114–328, div. A, title V, § 501(h)(1), Dec. 23, 2016, 130 Stat. 2100, § 526a
Source evidence
Code source credit
Added Pub. L. 114–328, div. A, title V, § 501(h)(1), Dec. 23, 2016, 130 Stat. 2100, § 526a
Enacted provision · exact public law section
(1) In general.— Chapter 32 of title 10, United States Code, is amended by inserting after section 526 the following new section: “§ 526a. Authorized strength after December 31, 2022: general officers and flag officers on active duty “(a) Limitations.— 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, after December 31, 2022, may not exceed the number specified for the armed force concerned as follows: “(1) For the Army, 220. “(2) For the Navy, 151. “(3) For the Air Force, 187. “(4) For the Marine Corps, 62. “(b) Limited Exclusion for Joint Duty Requirements.— “(1) In general.— The Secretary of Defense may designate up to 232 general officer and flag officer positions that are joint duty assignments for purposes of chapter 38 of this title for exclusion from the limitations in subsection (a). “(2) Minimum number.— Unless the Secretary of Defense determines that a lower number is in the best interest of the Department of Defense, the minimum number of officers serving in positions designated under paragraph (1) for each armed force shall be as follows: “(A) For the Army, 75. “(B) For the Navy, 53. “(C) For the Air Force, 68. “(D) For the Marine Corps, 17. “(c) Exclusion of Certain Officers Pending Separation or Retirement or Between Senior Positions.— The limitations of this section do not apply to— “(1) 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; or “(2) an officer of an 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. “(d) Temporary Exclusion for Assignment to Certain Temporary Billets.— “(1) In general.— The limitations in subsection (a) do not apply to a general officer or flag officer assigned to a temporary joint duty assignment designated by the Secretary of Defense. “(2) Duration of exclusion.— A general officer or flag officer assigned to a temporary joint duty assignment as described in paragraph (1) may not be excluded under this subsection from the limitations in subsection (a) for a period of longer than one year. “(e) Exclusion of Officers Departing From Joint Duty Assignments.— The limitations in subsection (a) do not apply to 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. The Secretary of Defense may authorize the Secretary of a military department to extend the 60-day period by an additional 120 days, except that not more than three officers on active duty from each armed force may be covered by the additional extension at the same time. “(f) Active-Duty Baseline.— “(1) Notice and wait requirements.— If the Secretary of a military department proposes an action that would increase above the baseline the number of general officers or flag officers of an armed force under the jurisdiction of that Secretary who would be on active duty and would count against the statutory limit applicable to that armed force under subsection (a), the action shall not take effect until after the end of the 60-calendar day period beginning on the date on which the Secretary provides notice of the proposed action, including the rationale for the action, to the Committees on Armed Services of the Senate and the House of Representatives. “(2) Baseline defined.— In paragraph (1), the term ‘baseline’ for an armed force means the lower of— “(A) the statutory limit of general officers or flag officers of that armed force under subsection (a); or “(B) the actual number of general officers or flag officers of that armed force who, as of January 1, 2023, counted toward the statutory limit of general officers or flag officers of that armed force under subsection (a). “(g) Joint Duty Assignment Baseline.— “(1) Notice and wait requirement.— If the Secretary of Defense, the Secretary of a military department, or the Chairman of the Joint Chiefs of Staff proposes an action that would increase above the baseline the number of general officers and flag officers of the armed forces in joint duty assignments who count against the statutory limit under subsection (b)(1), the action shall not take effect until after the end of the 60-calendar day period beginning on the date on which such Secretary or the Chairman, as the case may be, provides notice of the proposed action, including the rationale for the action, to the Committees on Armed Services of the Senate and the House of Representatives. “(2) Baseline defined.— In paragraph (1), the term ‘baseline’ means the lower of— “(A) the statutory limit on general officer and flag officer positions that are joint duty assignments under subsection (b)(1); or “(B) the actual number of general officers and flag officers who, as of January 1, 2023, were in joint duty assignments counted toward the statutory limit under subsection (b)(1). “(h) Annual Report.— Not later than March 1 each year, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report specifying the following: “(1) The numbers of general officers and flag officers who, as of January 1 of the calendar year in which the report is submitted, counted toward the service-specific limits of subsection (a). “(2) The number of general officers and flag officers in joint duty assignments who, as of such January 1, counted toward the statutory limit under subsection (b)(1).” .
2021
William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 501(a) · 134 Stat. 3388
1. Added · 10 U.S.C. § 526(c)(h)
  Pub. L. 116–283, § 501(a), added subsec. (c)
2. Redesignated · 10 U.S.C. § 526(c)(h)
  Pub. L. 116–283, § 501(a), redesignated former subsecs. (c) to (g) as (d) to (h), respectively. Former subsec. (h) redesignated (i)
Source evidence
Code amendment note
Subsecs. (c) to (h). Pub. L. 116–283, § 501(a), added subsec. (c) and redesignated former subsecs. (c) to (g) as (d) to (h), respectively. Former subsec. (h) redesignated (i).
Enacted provision · exact public law section
(a) Exclusion of Certain General and Flag Officers of Reserve Components on Active Duty From Strength Limitations.— Section 526a of title 10, United States Code, is amended— (1) by redesignating subsections (c) through (h) as subsections (d) through (i), respectively; and (2) by inserting after subsection (b) the following new subsection (c): “(c) Exclusion of Certain Officers of Reserve Components.— The limitations Time periods. of this section do not apply to the following: “(1) A general or flag officer of a reserve component who is on active duty— “(A) for training; or “(B) under a call or order specifying a period of less than 180 days. “(2) (A) A general or flag officer of a reserve component who is authorized by the Secretary of the military department concerned to serve on active duty for a period of at least 180 days and not longer than 365 days. “(B) The Secretary of the military department concerned may authorize a number, determined under subparagraph (C), of officers in the reserve component of each armed force under the jurisdiction of that Secretary to serve as described in subparagraph (A). “(C) Each number described in subparagraph (B) may not exceed 10 percent of the number of general or flag officers, as the case may be, authorized to serve in the armed force concerned under section 12004 of this title. In determining a number under this subparagraph, any fraction shall be rounded down to the next whole number that is greater than zero. “(3) (A) A general or flag officer of a reserve component who is on active duty for a period longer than 365 days and not longer than three years. “(B) The number of officers described in subparagraph (A) who do not serve in a position that is a joint duty assignment for purposes of chapter 38 of this title may not exceed five per armed force, unless authorized by the Secretary of Defense.” .
2021
William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 501(a)(1) · 134 Stat. 3388
Redesignated · 10 U.S.C. § 526(i)
Pub. L. 116–283, § 501(a)(1), redesignated subsec. (h) as (i) relating to annual report
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 116–283, § 501(a)(1), redesignated subsec. (h) as (i) relating to annual report.
Enacted provision · exact public law section
(1) by redesignating subsections (c) through (h) as subsections (d) through (i), respectively; and
2021
National Defense Authorization Act for Fiscal Year 2022
Pub. L. 117–81 div. A title V § 501(b) · 135 Stat. 1541
Added · 10 U.S.C. § 526(i)
Pub. L. 117–81 added subsec. (i) relating to transfer of authorizations among military services
Source evidence
Code amendment note
Subsec. (i). Pub. L. 117–81 added subsec. (i) relating to transfer of authorizations among military services.
Enacted provision · exact public law section
(b) Authority After December 31, 2022.— Section 526a of title 10, United States Code, is amended by adding at the end the following new subsection: “(i) Transfer of Authorizations Among the Military Services.— (1) The Secretary of Defense may increase the maximum number of brigadier generals or major generals in the Army, Air Force, Marine Corps, or Space Force, or rear admirals (lower half) or rear admirals in the Navy, allowed under subsection (a) and section 525 of this title and the President may appoint officers in the equivalent grades equal to the number increased by the Secretary of Defense if each appointment is made in conjunction with an offsetting reduction under paragraph (2). “(2) For each increase and appointment made under the authority of paragraph (1) in the Army, Navy, Air Force, Marine Corps, or Space Force, 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 increase and appointment is made, the Secretary of Defense shall specify the armed force in which the reduction required by this paragraph is to be made. “(3) The total number of general officers and flag officers increased under paragraph (1), combined with the total number of general officers and flag officers increased under section 526(k)(1) of this title, may not exceed 15 at any one time. “(4) The Secretary may not increase the maximum number of general officers or flag officers under paragraph (1) until the date that is 30 days after the date on which the Secretary provides, to the Committees on Armed Services of the Senate and the House of Representatives, written notice of— “(A) such increase; and “(B) each offsetting reduction under paragraph (2), specifying the armed force and billet so reduced.” .
2022
James M. Inhofe National Defense Authorization Act for Fiscal Year 2023
Pub. L. 117–263 § 504(1)(A) · 136 Stat. 2395
Substituted · 10 U.S.C. § 526(a)
Pub. L. 117–263, § 504(1)(A), substituted “Marine Corps, and Space Force” for “and Marine Corps” in introductory provisions
Source evidence
Code amendment note
Subsec. (a). Pub. L. 117–263, § 504(1)(A), substituted “Marine Corps, and Space Force” for “and Marine Corps” in introductory provisions.
Enacted provision · exact public law section
(A) in the matter preceding paragraph (1), by striking “and Marine Corps” and inserting “Marine Corps, and Space Force”;
2022
James M. Inhofe National Defense Authorization Act for Fiscal Year 2023
Pub. L. 117–263 § 504(1)(B) · 136 Stat. 2395
Substituted · 10 U.S.C. § 526(a)(1)
Pub. L. 117–263, § 504(1)(B), substituted “218” for “220”
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 117–263, § 504(1)(B), substituted “218” for “220”.
Enacted provision · exact public law section
(B) in paragraph (1), by striking “220” and inserting “218”;
2022
James M. Inhofe National Defense Authorization Act for Fiscal Year 2023
Pub. L. 117–263 § 504(1)(C) · 136 Stat. 2395
Substituted · 10 U.S.C. § 526(a)(2)
Pub. L. 117–263, § 504(1)(C), substituted “149” for “151”
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 117–263, § 504(1)(C), substituted “149” for “151”.
Enacted provision · exact public law section
(C) in paragraph (2), by striking “151” and inserting “149”;
2022
James M. Inhofe National Defense Authorization Act for Fiscal Year 2023
Pub. L. 117–263 § 504(1)(D) · 136 Stat. 2395
Substituted · 10 U.S.C. § 526(a)(3)
Pub. L. 117–263, § 504(1)(D), substituted “170” for “187”
Source evidence
Code amendment note
Subsec. (a)(3). Pub. L. 117–263, § 504(1)(D), substituted “170” for “187”.
Enacted provision · exact public law section
(D) in paragraph (3), by striking “187” and inserting “170”; and
2022
James M. Inhofe National Defense Authorization Act for Fiscal Year 2023
Pub. L. 117–263 § 504(1)(E) · 136 Stat. 2395
Added · 10 U.S.C. § 526(a)(5)
Pub. L. 117–263, § 504(1)(E), added par. (5)
Source evidence
Code amendment note
Subsec. (a)(5). Pub. L. 117–263, § 504(1)(E), added par. (5).
Enacted provision · exact public law section
(E) by adding at the end the following new paragraph: “(5) For the Space Force, 21.” ; and
2022
James M. Inhofe National Defense Authorization Act for Fiscal Year 2023
Pub. L. 117–263 § 504(2) · 136 Stat. 2395
Added · 10 U.S.C. § 526(b)(2)(E)
Pub. L. 117–263, § 504(2), added subpar. (E)
Source evidence
Code amendment note
Subsec. (b)(2)(E). Pub. L. 117–263, § 504(2), added subpar. (E).
Enacted provision · exact public law section
(2) in subsection (b)(2), by adding at the end the following new subparagraph: “(E) For the Space Force, 6.” .
2023
National Defense Authorization Act for Fiscal Year 2024
Pub. L. 118–31 § 501(a)(4) · 137 Stat. 136
Struck · 10 U.S.C. § 526
Pub. L. 118–31, § 501(a)(4), struck out “after December 31, 2022” after “Authorized strength” in section catchline
Source evidence
Code amendment note
Pub. L. 118–31, § 501(a)(4), struck out “after December 31, 2022” after “Authorized strength” in section catchline.
Enacted provision · exact public law section
(4) in the section heading for section 526, as redesignated by paragraph (2), by striking “after December 31, 2022”.
2023
National Defense Authorization Act for Fiscal Year 2024
Pub. L. 118–31 § 501(a)(2) · 137 Stat. 136
Changed · 10 U.S.C. § 526
Pub. L. 118–31, § 501(a)(2), renumbered section 526a of this title as this section
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 118–31, § 501(a)(2), renumbered section 526a of this title as this section.
Enacted provision · exact public law section
(2) by redesignating section 526a as section 526;
2023
National Defense Authorization Act for Fiscal Year 2024
Pub. L. 118–31 § 501(b)(1)(A) · 137 Stat. 136
Struck · 10 U.S.C. § 526(a)
Pub. L. 118–31, § 501(b)(1)(A), struck out “after December 31, 2022,” after “in the Navy,” in introductory provisions
Source evidence
Code amendment note
Subsec. (a). Pub. L. 118–31, § 501(b)(1)(A), struck out “after December 31, 2022,” after “in the Navy,” in introductory provisions.
Enacted provision · exact public law section
(A) by striking “after December 31, 2022,”;
2023
National Defense Authorization Act for Fiscal Year 2024
Pub. L. 118–31 § 501(b)(1)(B) · 137 Stat. 136
Substituted · 10 U.S.C. § 526(a)(1)
Pub. L. 118–31, § 501(b)(1)(B), substituted “219” for “218”
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 118–31, § 501(b)(1)(B), substituted “219” for “218”.
Enacted provision · exact public law section
(B) in paragraph (1), by striking “218” and inserting “219”;
2023
National Defense Authorization Act for Fiscal Year 2024
Pub. L. 118–31 § 501(b)(1)(C) · 137 Stat. 136
Substituted · 10 U.S.C. § 526(a)(2)
Pub. L. 118–31, § 501(b)(1)(C), substituted “150” for “149”
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 118–31, § 501(b)(1)(C), substituted “150” for “149”.
Enacted provision · exact public law section
(C) in paragraph (2), by striking “149” and inserting “150”;
2023
National Defense Authorization Act for Fiscal Year 2024
Pub. L. 118–31 § 501(b)(1)(D) · 137 Stat. 136
Substituted · 10 U.S.C. § 526(a)(3)
Pub. L. 118–31, § 501(b)(1)(D), substituted “171” for “170”
Source evidence
Code amendment note
Subsec. (a)(3). Pub. L. 118–31, § 501(b)(1)(D), substituted “171” for “170”.
Enacted provision · exact public law section
(D) in paragraph (3), by striking “170” and inserting “171”; and
2023
National Defense Authorization Act for Fiscal Year 2024
Pub. L. 118–31 § 501(b)(1)(E) · 137 Stat. 136
Substituted · 10 U.S.C. § 526(a)(4)
Pub. L. 118–31, § 501(b)(1)(E), substituted “64” for “62”
Source evidence
Code amendment note
Subsec. (a)(4). Pub. L. 118–31, § 501(b)(1)(E), substituted “64” for “62”.
Enacted provision · exact public law section
(E) in paragraph (4), by striking “62” and inserting “64”; and
2023
National Defense Authorization Act for Fiscal Year 2024
Pub. L. 118–31 div. A title V § 501(a)(2) · 137 Stat. 136
1. Amended · 10 U.S.C. § 526(i); 10 U.S.C. § 526(j)
  Pub. L. 118–31, §§ 501(b)(2), 1801(a)(9), amended section identically
2. Redesignated · 10 U.S.C. § 526(i); 10 U.S.C. § 526(j)
  Pub. L. 118–31, §§ 501(b)(2), 1801(a)(9), redesignating subsec. (i) relating to transfer of authorizations among the military services as (j)
Source evidence
Code amendment note
Subsecs. (i), (j). Pub. L. 118–31, §§ 501(b)(2), 1801(a)(9), amended section identically, redesignating subsec. (i) relating to transfer of authorizations among the military services as (j).
Enacted provision · exact public law section
(2) by redesignating section 526a as section 526;
2024
Pub. L. 118–159 § 509(c) · 138 Stat. 1868
1. Added · 10 U.S.C. § 526(g); 10 U.S.C. § 526(h)
  Pub. L. 118–159, § 509(c), added subsec. (g)
2. Redesignated · 10 U.S.C. § 526(g); 10 U.S.C. § 526(h)
  Pub. L. 118–159, § 509(c), redesignated subsec. (g), as added by section 502(a)(2), as (h)
Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsecs. (g), (h). Pub. L. 118–159, § 509(c), added subsec. (g) and redesignated subsec. (g), as added by section 502(a)(2), as (h).
2024
Pub. L. 118–159 § 502(a)(2) · 138 Stat. 1868
Redesignated · 10 U.S.C. § 526(g); 10 U.S.C. § 526(h)
Pub. L. 118–159, § 502(a)(2), added subsec. (g), which was subsequently redesignated (h)
Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 118–159, § 502(a)(2), added subsec. (g), which was subsequently redesignated (h).
2024
Pub. L. 118–159 div. A title V · 138 Stat. 1868
Redesignated · 10 U.S.C. § 526(i)(l)
Pub. L. 118–159, §§ 502(a)(1), 509B(c)(1), successively redesignated subsecs. (g) to (j) first as (h) to (k), then as (i) to (l), respectively
Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsecs. (i) to (l). Pub. L. 118–159, §§ 502(a)(1), 509B(c)(1), successively redesignated subsecs. (g) to (j) first as (h) to (k), then as (i) to (l), respectively.
2025
Pub. L. 119–60 § 502(1) · 139 Stat. 853
Substituted · 10 U.S.C. § 526(a)(3)
Pub. L. 119–60, § 502(1), substituted “168” for “171”
Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (a)(3). Pub. L. 119–60, § 502(1), substituted “168” for “171”.
2025
Pub. L. 119–60 § 502(2) · 139 Stat. 853
Substituted · 10 U.S.C. § 526(a)(5)
Pub. L. 119–60, § 502(2), substituted “24” for “21”
Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (a)(5). Pub. L. 119–60, § 502(2), substituted “24” for “21”.
2025
Pub. L. 119–60 § 501(b)(1)(A) · 139 Stat. 853
Inserted · 10 U.S.C. § 526(c)
Pub. L. 119–60, § 501(b)(1)(A), inserted “and of the Space Force” after “Components” in heading
Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (c). Pub. L. 119–60, § 501(b)(1)(A), inserted “and of the Space Force” after “Components” in heading.
2025
Pub. L. 119–60 § 501(b)(1)(B) · 139 Stat. 853
Inserted · 10 U.S.C. § 526(c)(1)
Pub. L. 119–60, § 501(b)(1)(B), inserted “or of the Space Force” after “a reserve component” in introductory provisions
Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 119–60, § 501(b)(1)(B), inserted “or of the Space Force” after “a reserve component” in introductory provisions.
2025
Pub. L. 119–60 § 501(b)(1)(C) · 139 Stat. 853
Added · 10 U.S.C. § 526(c)(2)(D)
Pub. L. 119–60, § 501(b)(1)(C), added subpar. (D)
Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (c)(2)(D). Pub. L. 119–60, § 501(b)(1)(C), added subpar. (D).
2025
Pub. L. 119–60 § 501(b)(1)(D) · 139 Stat. 853
Inserted · 10 U.S.C. § 526(c)(3)(A)
Pub. L. 119–60, § 501(b)(1)(D), inserted “, or a Space Force general officer in a Space Force active status not on sustained duty,” after “a reserve component”
Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (c)(3)(A). Pub. L. 119–60, § 501(b)(1)(D), inserted “, or a Space Force general officer in a Space Force active status not on sustained duty,” after “a reserve component”.
2025
Pub. L. 119–60 § 501(b)(2) · 139 Stat. 853
Added · 10 U.S.C. § 526(d)(3)
Pub. L. 119–60, § 501(b)(2), added par. (3)
Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (d)(3). Pub. L. 119–60, § 501(b)(2), added par. (3).

20 of 31 references resolved to an enrolled provision · 11 unresolved

Editorial Notes

Prior Provisions

Another prior section 526 was renumbered section 527 of this title.

Amendments2021–2025 · 5 rounds

2025

Subsec. (a)(3). Pub. L. 119–60, § 502(1), substituted “168” for “171”.

Subsec. (a)(5). Pub. L. 119–60, § 502(2), substituted “24” for “21”.

Subsec. (c). Pub. L. 119–60, § 501(b)(1)(A), inserted “and of the Space Force” after “Components” in heading.

Subsec. (c)(1). Pub. L. 119–60, § 501(b)(1)(B), inserted “or of the Space Force” after “a reserve component” in introductory provisions.

Subsec. (c)(2)(D). Pub. L. 119–60, § 501(b)(1)(C), added subpar. (D).

Subsec. (c)(3)(A). Pub. L. 119–60, § 501(b)(1)(D), inserted “, or a Space Force general officer in a Space Force active status not on sustained duty,” after “a reserve component”.

Subsec. (d)(3). Pub. L. 119–60, § 501(b)(2), added par. (3).

2024

Subsecs. (g), (h). Pub. L. 118–159, § 509(c), added subsec. (g) and redesignated subsec. (g), as added by section 502(a)(2), as (h).

Pub. L. 118–159, § 502(a)(2), added subsec. (g), which was subsequently redesignated (h).

Subsecs. (i) to (l). Pub. L. 118–159, §§ 502(a)(1), 509B(c)(1), successively redesignated subsecs. (g) to (j) first as (h) to (k), then as (i) to (l), respectively.

2023

Pub. L. 118–31, § 501(a)(4), struck out “after December 31, 2022” after “Authorized strength” in section catchline.

Pub. L. 118–31, § 501(a)(2), renumbered section 526a of this title as this section.

Subsec. (a). Pub. L. 118–31, § 501(b)(1)(A), struck out “after December 31, 2022,” after “in the Navy,” in introductory provisions.

Subsec. (a)(1). Pub. L. 118–31, § 501(b)(1)(B), substituted “219” for “218”.

Subsec. (a)(2). Pub. L. 118–31, § 501(b)(1)(C), substituted “150” for “149”.

Subsec. (a)(3). Pub. L. 118–31, § 501(b)(1)(D), substituted “171” for “170”.

Subsec. (a)(4). Pub. L. 118–31, § 501(b)(1)(E), substituted “64” for “62”.

Subsecs. (i), (j). Pub. L. 118–31, §§ 501(b)(2), 1801(a)(9), amended section identically, redesignating subsec. (i) relating to transfer of authorizations among the military services as (j).

2022

Subsec. (a). Pub. L. 117–263, § 504(1)(A), substituted “Marine Corps, and Space Force” for “and Marine Corps” in introductory provisions.

Subsec. (a)(1). Pub. L. 117–263, § 504(1)(B), substituted “218” for “220”.

Subsec. (a)(2). Pub. L. 117–263, § 504(1)(C), substituted “149” for “151”.

Subsec. (a)(3). Pub. L. 117–263, § 504(1)(D), substituted “170” for “187”.

Subsec. (a)(5). Pub. L. 117–263, § 504(1)(E), added par. (5).

Subsec. (b)(2)(E). Pub. L. 117–263, § 504(2), added subpar. (E).

2021

Subsecs. (c) to (h). Pub. L. 116–283, § 501(a), added subsec. (c) and redesignated former subsecs. (c) to (g) as (d) to (h), respectively. Former subsec. (h) redesignated (i).

Subsec. (i). Pub. L. 117–81 added subsec. (i) relating to transfer of authorizations among military services.

Pub. L. 116–283, § 501(a)(1), redesignated subsec. (h) as (i) relating to annual report.

Credits

2016–2025 · 7 acts

2016Added Pub. L. 114–328, div. A, title V, § 501(h)(1), Dec. 23, 2016, 130 Stat. 2100, § 526a
2021amended Pub. L. 116–283, div. A, title V, § 501(a), Jan. 1, 2021, 134 Stat. 3562
2021Pub. L. 117–81, div. A, title V, § 501(b), Dec. 27, 2021, 135 Stat. 1679
2022Pub. L. 117–263, div. A, title V, § 504, Dec. 23, 2022, 136 Stat. 2558
2023renumbered § 526 and amended Pub. L. 118–31, div. A, title V, § 501(a)(2), (4), (b), title XVIII, § 1801(a)(9), Dec. 22, 2023, 137 Stat. 240, 684
2024Pub. L. 118–159, div. A, title V, §§ 502(a), 509B(c), Dec. 23, 2024, 138 Stat. 1868, 1873
2025Pub. L. 119–60, div. A, title V, §§ 501(b), 502, Dec. 18, 2025, 139 Stat. 853, 854.

Show as published

(Added Pub. L. 114–328, div. A, title V, § 501(h)(1), Dec. 23, 2016, 130 Stat. 2100, § 526a; amended Pub. L. 116–283, div. A, title V, § 501(a), Jan. 1, 2021, 134 Stat. 3562; Pub. L. 117–81, div. A, title V, § 501(b), Dec. 27, 2021, 135 Stat. 1679; Pub. L. 117–263, div. A, title V, § 504, Dec. 23, 2022, 136 Stat. 2558; renumbered § 526 and amended Pub. L. 118–31, div. A, title V, § 501(a)(2), (4), (b), title XVIII, § 1801(a)(9), Dec. 22, 2023, 137 Stat. 240, 684; Pub. L. 118–159, div. A, title V, §§ 502(a), 509B(c), Dec. 23, 2024, 138 Stat. 1868, 1873; Pub. L. 119–60, div. A, title V, §§ 501(b), 502, Dec. 18, 2025, 139 Stat. 853, 854.)