
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC5450]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle C--Navy and Marine Corps
 
                           PART II--PERSONNEL
 
                   CHAPTER 533--DISTRIBUTION IN GRADE
 
Sec. 5450. Regular Navy: retired flag officers on active duty

    Except in time of war or national emergency, not more than ten 
retired flag officers of the Regular Navy may be on active duty.

(Aug. 10, 1956, ch. 1041, 70A Stat. 312; Pub. L. 96-513, title V, 
Sec. 503(21), Dec. 12, 1980, 94 Stat. 2912.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
5450..................................  34 U.S.C. 211e.                      Au
g. 7, 1947, ch. 512, Sec.  430,
                                                                              6
1 Stat. 881; Sept. 3, 1954, ch.
                                                                              1
257, Sec.  702(a), 68 Stat. 1188.
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a) the words ``In addition * * * to the number of 
rear admirals and above authorized by titles I, II, and III and by 
section 413 of this Act, a total of'' are omitted as surplusage. Titles 
I, II, and III, and section 413 of the Officer Personnel Act of 1947 
prescribe the number of officers on the lineal list who may have the 
grade of rear admiral. Retired officers are excluded from the lineal 
lists and are not counted for any purpose in the computations under the 
cited titles and section. The source text does not affect the authorized 
numbers so computed; it sets up an authorized number for a category of 
officers not previously covered.
    The limitation on reserve flag officers on active duty contained in 
section 430 of the Officer Personnel Act of 1947 was repealed by section 
702(a) of the Reserve Officer Personnel Act of 1954.


                               Amendments

    1980--Pub. L. 96-513 struck out designation ``(a)'' before ``Except 
in time of war or national emergency'', substituted ``flag officers of 
the Regular Navy'' for ``officers of the Regular Navy in the grade of 
rear admiral and above'', and struck out subsec. (b) which provided that 
this section did not apply to fleet admirals or to retired officers 
ordered to temporary duty to serve on boards convened under chapter 543 
of this title.


                    Effective Date of 1980 Amendment

    Amendment by Pub. L. 96-513 effective Sept. 15, 1981, see section 
701 of Pub. L. 96-513, set out as a note under section 101 of this 
title.
