Page:United States Statutes at Large Volume 94 Part 3.djvu/245

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PUBLIC LAW 96-000—MMMM. DD, 1980

PUBLIC LAW 96-513—DEC. 12, 1980

94 STAT. 2889

counted in the grade he would hold had he not been so appointed or promoted. "(f) The Secretary shall prescribe the number of rear admirals in each staff corps. The total of the prescribed numbers of rear admirals for all the staff corps may not exceed 50 percent of the total number computed under subsection (b). The Secretary shall further prescribe the number of commodore admirals in each staff corps. The prescribed number of rear admirals for any staff corps may not exceed the prescribed number of commodore admirals for that staff corps. "(g) For the purpose of computing the total number of flag officers in the staff corps of the Navy, flag officers of the Judge Advocate General's Corps shall be considered additional numbers in grade.".

Staff corps, limitation.

PART B—AMENDMENTS RELATING TO OFFICER STRENGTH AND DISTRIBUTION IN GRADE REPEAL OF SECTIONS RELATING TO THE STRENGTH OF THE NAVY AND MARINE CORPS

SEC. 311. (a) The following sections of chapter 531, relating to the authorized strength of the Navy and Marine Corps, are repealed: sections 5401, 5402, 5403, 5404, 5405, 5406, 5407, 5408, 5409, 5412, 5415, and 5417. (b) The heading of such chapter is amended to read as follows:

"CHAPTER 531—STRENGTH OF NAVAL RESERVE AND MARINE CORPS RESERVE". PERSONNEL DETAILED OUTSIDE THE DEPARTMENT OF DEFENSE TO BE COUNTED IN COMPUTING STRENGTH

SEC. 312. Section 5416, relating to personnel detailed outside the Department of Defense, is repealed. AMENDMENTS RELATING TO NUMBER AND DISTRIBUTION IN GRADE OF FLAG AND GENERAL OFFICERS

SEC. 313. (a) Section 5441, relating to the terms "prescribed number" and "vacancy", is amended by striking out "or combination of grades" each place it appears. (b) Section 5442, relating to the number of Navy line officers on active duty, is amended to read as follows: "§5442. Navy: line officers on active duty; commodore admirals and rear admirals "(a) Of the total number of officers serving on active duty in the line of the Navy in the grade of ensign and above (excluding officers in categories specified in section 523(b) of this title), the number of officers who may serve in the grades of commodore admiral and rear admiral may not, except as provided in subsection (b), exceed a number appropriate to the number set forth in the following table. If the total number of officers serving on active duty in the line of the Navy in the grade of ensign and above (excluding officers in categories specified in section 523(b) of this title) falls between two strengths shown in the first column of the table, the number for the grades of commodore admiral and rear admiral is determined by proportionate interpolation between the respective numbers for the two strengths.

Repeal. 10 USC 5416.