
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC8210]

 
                         TITLE 10--ARMED FORCES
 
                          Subtitle D--Air Force
 
                           PART II--PERSONNEL
 
                          CHAPTER 831--STRENGTH
 
Sec. 8210. Regular Air Force: strength in grade; general 
        officers
        
    (a) Subject to section 526 of this title, the authorized strength of 
the Regular Air Force in general officers on the active-duty list is 75/
10,000 of the authorized strength of the Regular Air Force in 
commissioned officers on the active-duty list. Of this authorized 
strength, not more than one-half may be in a regular grade above 
brigadier general.
    (b) When the application of subsection (a) results in a fraction, a 
fraction of one-half or more is counted as one, and a fraction of less 
than one-half is disregarded.
    (c) General officers on the active-duty list of the Regular Air 
Force who are specifically authorized by law to hold a civil office 
under the United States, or an instrumentality thereof, are not counted 
in determining authorized strength under this section.

(Aug. 10, 1956, ch. 1041, 70A Stat. 500; Pub. L. 85-861, Sec. 1(161), 
Sept. 2, 1958, 72 Stat. 1514; Pub. L. 96-513, title V, Sec. 504(7), Dec. 
12, 1980, 94 Stat. 2916; Pub. L. 102-190, div. A, title X, 
Sec. 1061(a)(23)(A), Dec. 5, 1991, 105 Stat. 1473.)

                                          Historical and Revision Notes
                                                    1956 Act
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
8210(a)...............................  10:506a(a) (words before 1st         Au
g. 7, 1947, ch. 512, Sec.
                                         semicolon).                          5
03(a), 61 Stat. 885.
8210(b)...............................  10:506a(a) (less words before 1st
                                         semicolon, and less provisos).
8210(c)...............................  10:506a(a) (1st, 2d, and 3d
                                         provisos).
8210(d)...............................  10:506a(a) (4th proviso).
8210(e)...............................  10:506a(a) (last proviso).
-------------------------------------------------------------------------------
---------------------------------

    As enacted, section 503(a) of the Officer Personnel Act of 1947 
(10:506a(a)) provided, subject to certain percentage limitations, for 
the following authorized strength of the Regular Army in general 
officers on the active list:

Medical Corps...................................................      16
Dental Corps....................................................       4
Veterinary Corps................................................       1
The Chaplains...................................................       2
Army, exclusive of the above....................................     334
                                                                 -------
    Total.......................................................     357


    Under section 208(e) of the National Security Act of 1947 (5 U.S.C. 
626c(e)), allocations of those authorized strengths were made between 
the Army and the Air Force as follows:


                                                                   Air
                                                          Army    Force

Medical Corps.........................................       12        4
Dental Corps..........................................        3        1
Veterinary Corps......................................        1        0
The Chaplains.........................................        1        1
Army and Air Force, exclusive of the above............      184      150
                                                       -----------------
    Total.............................................      201      156


    After the enactment of the Officer Personnel Act of 1947, section 
308 of the Army Organization Act of 1950 (10:61-1) provided for an 
Assistant Judge Advocate General and three brigadier generals in the 
Judge Advocate General's Corps of the Army. The creation of these four 
general officer spaces served to increase the mentioned authorized 
strength figure from 357 to 361, and the figure 201 to 205. The opinion 
of the Judge Advocate General of the Army (JAGA 1948/5806, 2 Sept. 1948) 
is in accord with that conclusion.
    The revised section reflects the authorized strength of the Regular 
Air Force in general officers on the active list resulting from the 
mentioned allocation to the Air Force.
    That allocation, and those mentioned in the explanation of 
subsection (c) below, have had the force of law since July 26, 1950, 
when the period for transfers, including the administrative authority to 
change these allocations, expired.
    The word ``regular'' is substituted for the word ``permanent'' 
throughout the revised subsection.
    In subsection (c), 10:506a(a) (1st proviso) is omitted, since there 
is no authority to appoint to a regular grade above major general. 
10:506a(a) (last 65 words of 2d proviso) is omitted as executed by the 
declaration of a national emergency on December 16, 1950.
    In subsection (c)(1), the figures ``4'' and ``2'' result from the 
allocation of the original figures ``16'' and ``8''.
    In subsection (c)(2), the figure ``1'' results from the allocation 
of the original figures ``4'' and ``2''.
    In subsection (c)(3), the figure ``1'' results from the allocation 
of the original figures ``2'' and ``1''. (The major general was 
allocated to the Army, the brigadier general to the Air Force.)
    In subsection (c)(4), the figures ``150'' and ``75'' result from the 
allocation of the original figures ``334'' and ``167''. That allocation 
corresponds to the allotment made by the Secretary of War between the 
Air Corps and the Army exclusive of the Air Corps, the Medical 
Department, and the Chaplains, under 10: 506a(a) (3d proviso). That 
proviso is omitted as executed.
    In subsection (e), the words ``by law to hold any civil office under 
the United States'' are substituted for the words ``by Acts of Congress 
to hold appointments in the Diplomatic or Consular Service of the 
Government or to hold any civil office under the Government''.

                                                    1958 Act
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
8210(a)...............................  10 App.:506a(a)(2) (less 4th and     Ju
ly 20, 1956, ch. 646, Sec.  302
                                         last sentences).                     (
less 1st par.), 70 Stat. 587.
8210(b)...............................  10 App.:506a(a)(2) (4th sentence).
8210(c)...............................  10 App.:506a(a)(2) (last sentence).
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a), the words ``Subject to section 8202(a) of this 
title'' are substituted for 10 App.:506a(a)(2) (3d sentence).


                               Amendments

    1991--Subsec. (a). Pub. L. 102-190 substituted ``section 526'' for 
``section 8202(a)''.
    1980--Subsecs. (a), (c). Pub. L. 96-513 substituted ``active-duty 
list'' for ``active list'' wherever appearing.
    1958--Subsec. (a). Pub. L. 85-861 inserted ``Subject to section 
8202(a) of this title,'' before ``the'', and struck out provisions which 
excluded the number of commissioned officers on the active list 
authorized by former subsec. (b) of this section and medical service 
officers.
    Subsec. (b). Pub. L. 85-861 redesignated subsec. (d) as (b), and 
struck out former subsec. (b) which prescribed the authorized strength 
of general officers as medical, dental, and veterinary officers, and as 
chaplains.
    Subsec. (c). Pub. L. 85-861 redesignated subsec. (e) as (c), and 
struck out former subsec. (c) which prescribed the maximum number of 
general officers for the active list of the Regular Air Force.
    Subsecs. (d), (e). Pub. L. 85-861 redesignated subsecs. (d) and (e) 
as (b) and (c), respectively.


                    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.
