10-U.S.C.-5450
§5450 – Regular Navy: Retired Flag officers On Active Duty
Pathway
Title 10 > Subtitle C > Part II > Chapter 533 > Section 5450
Details
- Reference: Section 5450
- Legend: §5450 – Regular Navy: Retired Flag officers On Active Duty
- USCode Year: 2013
Provision Content
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, §503(21), Dec. 12, 1980, 94 Stat. 2912.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5450 | 34 U.S.C. 211e. | Aug. 7, 1947, ch. 512, §430, 61 Stat. 881; Sept. 3, 1954, ch. 1257, §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limitation on reserve flag officers on active duty contained in section 430 of the Officer Personnel Act of 1947 was repealed by section 702(a) of the Reserve Officer Personnel Act of 1954.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.
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