Title 10Armed ForcesRelease 119-73not60

§48 Untitled Section

Title 10 › Subtitle Subtitle C— Navy and Marine Corps › Part II— PERSONNEL › § 48

Last updated Apr 3, 2026|Official source

Summary

Certain named rules in Title 10 stop applying when the number of male line officers on active duty at the rank of ensign or above is not greater than the number of male officers who hold permanent ensign-or-higher appointments on the Regular Navy active list. That suspension does not affect women officers of the Regular Navy or Regular Marine Corps appointed under former section 5590. The law refers to a list of specific Title 10 sections (for example, former sections 5505, 5508, 5596, 5651–5663, 5701–5711, 5751, 5753–5764–5770, 5785–5791, 6371–6384, 6386, and 6407). For counting purposes, these people do not count as officers “serving on active duty”: retired officers; Navy Reserve officers on active duty for training; Reserve officers ordered to active duty for organizing, administering, recruiting, instructing, or drilling the Navy or Marine Corps Reserve; and Reserve officers ordered to temporary active duty for special work. Also, Title IV of the Officer Personnel Act of 1947 is amended by adding a new section at the end.

Full Legal Text

Title 10, §48

Armed Forces — Source: USLM XML via OLRC

(a)Except as they may apply to women officers of the Regular Navy or the Regular Marine Corps appointed under [former] section 5590 of title 10, United States Code, enacted by section 1 of this Act, the following sections of title 10 cease to operate whenever the number of male officers serving on active duty in the grade of ensign or above in the line of the Navy does not exceed the number of male officers holding permanent appointments in the grade of ensign or above on the active list in the line of the Regular Navy: section 5505 [former 10 U.S.C. 5505], 5508 [now 8118], 5596 [now 8146], [former] 5651–5663, [former] 5701–5703, [former] 5705–5711, [former] 5751, [former] 5753–5759, [former] 5761, [former] 5762, [former] 5764–5770, [former] 5785, [former] 5786, [former] 5791, 6371–6384 [10 U.S.C. 6371, 6383 now 10 U.S.C. 8371, 8372; former 10 U.S.C. 6372–6382, 6384], [former] 6386, [former] 6407.
“(b)For the purposes of subsection (a), the following officers may not be considered officers serving on active duty:
“(1)Retired officers.
“(2)Officers of the Navy Reserve assigned to active duty for training.
“(3)Officers of the Navy Reserve ordered to active duty in connection with organizing, administering, recruiting, instructing, or drilling the Navy Reserve or the Marine Corps Reserve.
“(4)Officers of the Navy Reserve ordered to temporary active duty for the purpose of prosecuting special work.
“(c)Title IV of the Officer Personnel Act of 1947 (61 Stat. 869), as amended, is amended by adding the following new section at the end thereof:

Reference

Citations & Metadata

Citation

10 U.S.C. § 48

Title 10Armed Forces

Last Updated

Apr 3, 2026

Release point: 119-73not60