Subsec. (b)(1)(C). Pub. L. 103-337, § 1671(c)(3)(B), substituted “12301(d)" for "672(d)". Subsec. (b)(1)(E). Pub. L. 103-337, § 1671(c)(3)(C), substituted "12304" for "673b". 1991-Subsec. (a)(1). Pub. L. 102-190, in table, decreased numbers of officers authorized to serve on active duty in the Air Force in the grade of Colonel to 3,392, 3,573, 3,754, 3,935, 4,115, 4,296, 4,477, 4,658, 4,838, 5,019, 5,200, and 5,381 from 3,642, 3,823, 4,004, 4,185, 4,365, 4,546, 4,727, 4,908, 5,088, 5,269, 5,450, and 5,631, respectively. 1986-Subsec. (b)(1)(B). Pub. L. 99-433 substituted "3021" and "8021” for “3033” and “8033", respectively. 1985-Subsec. (a)(1). Pub. L. 99-145 increased fiscal year limitation on authorized number of Marine Corps majors to 2,766, 3,085, 3,404, 3,723, and 4,042 from 2,717, 2,936, 3,154, 3,373, and 3,591, respectively. 1984-Subsec. (b)(1)(C). Pub. L. 98-525, § 414(a)(3)(A), struck out "or section 502 or 503 of title 32" after "section 672(d) of this title". Subsec. (b)(1)(F). Pub. L. 98-525, § 414(a)(3)(B)-(D), added subpar. (F). EFFECTIVE DATE OF 1994 AmendmenT Amendment by Pub. L. 103-337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103-337, set out as an Effective Date note under section 10001 of this title. EFFECTIVE DATE OF 1985 AMENDMENT Section 511(b) of Pub. L. 99-145 provided that: “The amendments made by subsection (a) [amending this section] shall take effect on October 1, 1985." TEMPORARY VARIATION OF END STRength LIMITATIONS FOR ARMY MAJORS and LIEUTENANT Colonels Section 402 of Pub. L. 103-337 provided that: "(a) VARIATION AUTHORIZED.-In the administration of the limitation under section 523(a)(1) of title 10, United States Code, for fiscal years 1995 through 1997, the numbers applicable to officers of the Army serving on active duty in the grades of major and lieutenant colonel shall be the numbers set forth for that fiscal year in subsection (b) (rather than the numbers determined in accordance with the table in that section). "(b) NUMBERS FOR FISCAL YEARS 1995 THROUGH 1997. The numbers referred to in subsection (a) are as follows: TEMPORARY VARIATION OF END STRENGTH LIMITATIONS FOR MARINE CORPS MAJORS AND LIEUTENANT COLONELS Pub. L. 103-160, div. A, title IV, § 402, Nov. 30, 1993, 107 Stat. 1639, as amended by Pub. L. 103-337, div. A, title IV, § 403, Oct. 5, 1994, 108 Stat. 2743, provided that: "(a) VARIATION AUTHORIZED.-In the administration of the limitation under section 523(a)(1) of title 10, United States Code, for fiscal years 1994 through 1997, the numbers applicable to officers of the Marine Corps serving on active duty in the grades of major and lieutenant colonel shall be the numbers set forth for that fiscal year in subsection (b) (rather than the numbers determined in accordance with the table in that section). TEMPORARY INCREASE IN OFFICER GRADE LIMITATIONS Pub. L. 101-189, div. A, title IV, § 403, Nov. 29, 1989, 103 Stat. 1431, authorized the Secretary of Defense, until Sept. 30, 1991, to increase the strength-in-grade limitations specified in subsec. (a) of this section by a total of 250 positions, to be distributed among grades and services as the Secretary considers appropriate and directed the Secretary to submit to Congress a comprehensive report on the adequacy of the strength-in-grade limitations prescribed in subsec. (a) of this section. TEMPORARY REDUCTION IN NUMBER OF AIR FORCE COLONELS Pub. L. 101-189, div. A, title IV, § 402, Nov. 29, 1989, 103 Stat. 1431, as amended by Pub. L. 101-510, div. A, title IV, § 404, Nov. 5, 1990, 104 Stat. 1545, provided that the number of officers authorized under subsec. (a) of this section to be serving on active duty in the Air Force in the grade of colonel during fiscal year 1992 was reduced by 250. Pub. L. 100-456, div. A, title IV, § 403, Sept. 29, 1988, 102 Stat. 1963, provided that: "The number of officers that (but for this section) would be authorized under section 523 of title 10, United States Code, and other applicable provisions of law to be serving on active duty in the Air Force in the grade of colonel during fiscal year 1989 is hereby reduced by 125, and the number of such officers that (but for this section) would be so authorized to be serving on active duty during fiscal year 1990 is hereby reduced by 250." Ceilings on CommissioNED OFFICERS ON ACTIVE Pub. L. 95-79, title VIII, § 811(a), July 30, 1977, 91 Stat. 335, as amended by Pub. L. 96-107, title VIII, § 817, Nov. 9, 1979, 93 Stat. 818; Pub. L. 96-342, title X, § 1003, Sept. 8, 1980, 94 Stat. 1120; Pub. L. 97-86, title VI, § 602, Dec. 1, 1981, 95 Stat. 1110, which provided that after Oct. 1, 1981, the total number of commissioned officers on active duty in the Army, Air Force, and Marine Corps above the grade of colonel, and on active duty in the Navy above the grade of captain, could not exceed 1,073, and that in time of war, or of national emergency declared by Congress, the President could suspend the operation of this provision, was repealed and restated in section 526 of this title by Pub. L. 100-370, § 1(b)(1)(B), (4). TRANSITION PROVISIONS UNDER DEFENSE OFFICER For provisions increasing for the fiscal year ending on Sept. 30, 1981, the maximum number of officers authorized by this section to be serving on active duty, see section 627 of Pub. L. 96-513, set out as a note under section 611 of this title. SECTION REFERRED TO IN OTHER SECTIONS [§ 524. Renumbered § 12011] § 525. Distribution of commissioned officers on active (a) No appointment may be made in a grade (b)(1) No appointment may be made in a grade above major general in the Army, Air Force, or Marine Corps if that appointment would result in more than 15 percent of the general officers of that armed force on active duty being in grades above major general. In the case of the Army and Air Force, of the 15 percent of general officers on active duty who may be serving in grades above major general, not more than 25 percent may be serving in the grade of general. (2) No appointment may be made in a grade above rear admiral in the Navy if that appointment would result in more than 15 percent of the flag officers of the Navy on active duty being in grades above rear admiral. Of the 15 percent of flag officers on active duty who may be serving in grades above rear admiral, not more than 25 percent may be serving in the grade of admiral. (3) An officer while serving as Chairman or Vice Chairman of the Joint Chiefs of Staff or as Chief of Staff to the President, if serving in the grade of general or admiral, is in addition to the number that would otherwise be permitted for his armed force for that grade under paragraph (1) or (2). (4)(A) An officer while serving in a position designated under subparagraph (B), if serving in the grade of lieutenant general or vice admiral, is in addition to the number that would otherwise be permitted for that officer's armed force for that grade under paragraph (1) or (2). (B) The President, with the advice and assistance of the Secretary of Defense and the Chairman of the Joint Chiefs of Staff, may designate not more than six positions within the Joint Staff (provided for under section 155 of this title) as positions referred to in subparagraph (A). The authority of the President under the preceding sentence may not be delegated. (5)(A) An officer while serving in a position specified in section 604(b) of this title, if serving in the grade of general or admiral, is in addition to the number that would otherwise be permitted for that officer's armed force for officers serving on active duty in grades above major general or rear admiral, as the case may be, under the first sentence of paragraph (1) or (2), as applicable. (B) Subparagraph (A) does not apply in the case of an officer serving in such a position if the Secretary of Defense, when considering officers for recommendation to the President for appointment to fill the vacancy in that position which was filled by that officer, did not have a recommendation for that appointment from each Secretary of a military department who (pursuant to section 604(a) of this title) was required to make such a recommendation. (C) This paragraph shall cease to be effective at the end of September 30, 1997. (c)(1) Subject to paragraph (3), the President (A) may make appointments in the Army, Air Force, and Marine Corps in the grade of lieutenant general and in the Army and Air Force in the grade of general in excess of the applicable numbers determined under subsection (b)(1), and may make appointments in the Marine Corps in the grade of general in addition to the Commandant and Assistant Commandant, if each such appointment is made in conjunction with an offsetting reduction under paragraph (2); and (B) may make appointments in the Navy in the grades of vice admiral and admiral in excess of the applicable numbers determined under subsection (b)(2) if each such appointment is made in conjunction with an offsetting reduction under paragraph (2). (2) For each appointment made under the authority of paragraph (1) in the Army, Air Force, or Marine Corps in the grade of lieutenant general or general or in the Navy in the grade of vice admiral or admiral, the number of appointments that may be made in the equivalent grade in one of the other armed forces (other than the Coast Guard) shall be reduced by one. When such an appointment is made, the President shall specify the armed force in which the reduction required by this paragraph is to be made. (3)(A) The number of officers that may be serving on active duty in the grades of lieutenant general and vice admiral by reason of appointments made under the authority of paragraph (1) may not exceed the number equal to 10 percent of the total number of officers that may be serving on active duty in those grades in the Army, Navy, Air Force, and Marine Corps under subsection (b). (B) The number of officers that may be serving on active duty in the grades of general and admiral by reason of appointments made under the authority of paragraph (1) may not exceed the number equal to 15 percent of the total number of general officers and flag officers that may be serving on active duty in those grades in the Army, Navy, Air Force, and Marine Corps. (4) Upon the termination of the appointment of an officer in the grade of lieutenant general or vice admiral or general or admiral that was made in connection with an increase under paragraph (1) in the number of officers that may be serving on active duty in that armed force in that grade, the reduction made under paragraph (2) in the number of appointments permitted in such grade in another armed force by reason of that increase shall no longer be in effect. (Added Pub. L. 96-513, title I, § 103, Dec. 12, 1980, 94 Stat. 2844; amended Pub. L. 97-86, title IV, § 405(b)(1), Dec. 1, 1981, 95 Stat. 1105; Pub. L. 99-145, title V, § 514(b)(1), Nov. 8, 1985, 99 Stat. 628; Pub. L. 99-433, title II, § 202(a), Oct. 1, 1986, 100 Stat. 1010; Pub. L. 100-180, div. A, title V, § 511(a), Dec. 4, 1987, 101 Stat. 1088; Pub. L. 101-510, div. A, title IV, § 405, Nov. 5, 1990, 104 Stat. 1546; Pub. L. 103-337, div. A, title IV, § 405(a), Oct. 5, 1994, 108 Stat. 2744.) AMENDMENTS 1994-Subsec. (b)(5). Pub. L. 103-337 added par. (5). 1990-Subsec. (b)(3). Pub. L. 101-510, § 405(b), substituted "that would otherwise be permitted for" for "authorized". Subsec. (b)(4). Pub. L. 101-510, § 405(a), added par. (4). 1987-Pub. L. 100-180 added subsec. (c). 1986-Subsec. (b)(3). Pub. L. 99-433 inserted "or Vice Chairman". 1985-Subsec. (a). Pub. L. 99-145 substituted "rear admiral (lower half)" for "commodore" in two places. 1981-Subsec. (a). Pub. L. 97-86 substituted "commodore" for "commodore admiral" in two places. EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97-86 effective Sept. 15, 1981, see section 405(f) of Pub. L. 97-86, set out as a note under section 101 of this title. SAVINGS PROVISION Section 511(b) of Pub. L. 100-180 provided that: “An officer of the Armed Forces on active duty holding an appointment in the grade of lieutenant general or vice admiral or general or admiral on September 30, 1987, shall not have that appointment terminated by reason of the numerical limitations determined under section 525(b) of title 10, United States Code. In the case of an officer of the Marine Corps serving in the grade of general by reason of an appointment authorized by section 511(3) of the National Defense Authorization Act for Fiscal Year 1987 (Public Law 99-661; 100 Stat. 3869) [see below], that appointment shall not be terminated except as provided in section 601 of title 10, United States Code." REPORT ON MANAGEMENt of Senior GENERAL AND FLAG OFFICER POSITIONS Section 405(d) of Pub. L. 103-337 provided that: "Not later than March 1, 1996, the Secretary of Defense shall submit to Congress a report on the implementation of the amendments made by this section [enacting sections 528 and 604 of this title and amending this section]. The report shall include an assessment of the effectiveness of those amendments in meeting the objective of encouraging more competition among all services for appointment of officers to joint three-star and four-star positions. The report may include such additional recommendations concerning general and flag officer selection policy as the Secretary considers appropriate." TEMPORARY EXCLUSION OF SUPERINTENDENT OF NAVAL ACADEMY FROM COUNTING TOWARD NUMBER OF SENIOR ADMIRALS AUTHORIZED TO BE ON ACTIVE DUTY Section 406 of Pub. L. 103-337 provided that: "The officer serving as Superintendent of the United States Naval Academy on the date of the enactment of this Act [Oct. 5, 1994], while so serving, shall not be counted for purposes of the limitations contained in section 525(b)(2) of title 10, United States Code." TEMPORARY INCREASE IN Number of GENERAL AND FLAG OFFICERS AUTHORIZED To Be on ACTIVE DUTY Temporary increases in the number of officers authorized in particular grades under this section were contained in the following authorization acts: Pub. L. 99-661, div. A, title V, § 511, Nov. 14, 1986, 100 Stat. 3869. Pub. L. 99-570, title III, § 3058, Oct. 27, 1986, 100 Stat. 3207-79. Pub. L. 99-145, title V, § 515, Nov. 8, 1985, 99 Stat. 630. Pub. L. 98-525, title V, § 511, Oct. 19, 1984, 98 Stat. 2521. Pub. L. 98-94, title X, § 1001, Sept. 24, 1983, 97 Stat. 654. Pub. L. 97-252, title XI, § 1116, Sept. 8, 1982, 96 Stat. 750. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 527 of this title. § 526. Authorized strength: general and flag officers on active duty (a) LIMITATIONS.-The number of general officers on active duty in the Army, Air Force, and Marine Corps, and the number of flag officers on active duty in the Navy, may not exceed the number specified for the armed force concerned as follows: (1) For the Army, 386 before October 1, 1995, and 302 on and after that date. (2) For the Navy, 250 before October 1, 1995, and 216 on and after that date. (3) For the Air Force, 326 before October 1, 1995, and 279 on and after that date. (4) For the Marine Corps, 68. (b) TRANSFERS BETWEEN SERVICES.-During the period before October 1, 1995, the Secretary of Defense may increase the number of general officers on active duty in the Army, Air Force, or Marine Corps, or the number of flag officers on active duty in the Navy, above the applicable number specified in subsection (a) by a total of not more than five. Whenever any such increase is made, the Secretary shall make a corresponding reduction in the number of such officers that may serve on active duty in general or flag officer grades in one of the other armed forces. (c) LIMITED EXCLUSION FOR Joint DUTY REQUIREMENTS.-(1) The Chairman of the Joint Chiefs of Staff may designate up to 12 general officer and flag officer positions that are joint duty assignments for purposes of chapter 38 of this title for exclusion from the limitations in subsection (a) that are applicable on and after October 1, 1995. Officers in positions so designated shall not be counted for the purposes of those limitations. (2) This subsection shall cease to be effective on October 1, 1998. (d) NOTICE TO CONGRESS UPON CHANGE IN GRADE FOR CERTAIN POSITIONS.-(1) Not later than 60 days before an action specified in paragraph (2) may become effective, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report providing notice of the intended action and an analytically based justification for the intended action. (2) Paragraph (1) applies in the case of the following actions: (A) A change in the grade authorized as of July 1, 1994, for a general officer position in the National Guard Bureau, a general or flag officer position in the Office of a Chief of a reserve component, or a general or flag officer position in the headquarters of a reserve component command. (B) Assignment of a reserve component officer to a general officer position in the the1 National Guard Bureau, to a general or flag officer position in the Office of a Chief of a reserve component, or a 2 general or flag officer position in the headquarters of a reserve component command in a grade other the 3 grade authorized for that position as of July 1, 1994. (C) Assignment of an officer other than a general or flag officer as the military executive to the Reserve Forces Policy Board. (e) EXCLUSION OF CERTAIN OFFICERS.-The limitations of this section do not apply to a reserve component general or flag officer who is on active duty for training or who is on active duty under a call or order specifying a period of less than 180 days. (Added Pub. L. 100-370, § 1(b)(1)(B), July 19, 1988, 102 Stat. 840; amended Pub. L. 101-510, div. A, title IV, § 403(a), Nov. 5, 1990, 104 Stat. 1545; Pub. L. 102-484, div. A, title IV, § 403, Oct. 23, 1992, 106 Stat. 2398; Pub. L. 103-337, div. A, title IV, § 404, title V, § 512, Oct. 5, 1994, 108 Stat. 2744, 2752.) HISTORICAL and RevisiON NOTES Section is based on Pub. L. 95-79, title VIII, § 811(a), July 30, 1977, 91 Stat. 335, as amended by Pub. L. 96-107, title VIII, § 817, Nov. 9, 1979, 93 Stat. 818; Pub. L. 96-342, title X, § 1003, Sept. 8, 1980, 94 Stat. 1120; Pub. L. 97-86, title VI, § 602, Dec. 1, 1981, 95 Stat. 1110. Present law (section 811(a) of Public Law 95-79, as amended) provides that the authority to suspend the limitation on the number of general and flag officers who may be serving on active duty applies during war or national emergency. In codifying the limitation (in section 526 of title 10 as proposed to be added by section 1(b) of the bill), the committee determined that the same war and emergency waiver authority as applies to other limitations on the number of officers on active duty under the existing 10 U.S.C. 526 (redesignated as 10 U.S.C. 527 by the bill) should apply with respect to this limitation and accordingly amended the suspension authority in present law to include the codified general and flag officer limitation. This authority is slightly different from the waiver authority in the source law in that the suspension would expire 2 years after it takes effect or 1 year after the end of the war or national emergency, whichever occurs first, rather than upon termination of the war or emergency. PRIOR PROVISIONS A prior section 526 was renumbered section 527 of this title. AMENDMENTS 1994-Subsec. (a)(4). Pub. L. 103-337, § 404, struck out "before October 1, 1995, and 61 on and after that date" after "Corps, 68". Subsecs. (d), (e). Pub. L. 103-337, § 512, added subsecs. (d) and (e). 1992-Subsec. (b). Pub. L. 102-484, § 403(b), inserted heading. Subsec. (c). Pub. L. 102-484, § 403(a), added subsec. (c). 1990-Pub. L. 101-510 amended section generally. Prior to amendment, text read as follows: "The total number of general officers on active duty in the Army, Air Force, and Marine Corps and flag officers on active duty in the Navy may not exceed 1,073." CHANGE OF NAME Committee on Armed Services of House of Representatives changed to Committee on National Security of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. EFFECTIVE Date of 1990 AMENDMENT Section 403(a) of Pub. L. 101-510 provided that the amendment made by that section is effective Sept. 30, 1991. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 527, 3210, 5150, 8210, 12004 of this title. § 527. Authority to suspend sections 523, 525, and 526 In time of war, or of national emergency declared by Congress or the President after November 30, 1980, the President may suspend the operation of any provision of section 523, 525, or 526 of this title. So long as such war or national emergency continues, any such suspension may be extended by the President. Any such suspension shall, if not sooner ended, end on the last day of the two-year period beginning on the date on which the suspension (or the last extension thereof) takes effect or on the last day of the one-year period beginning on the date of the termination of the war or national emergency, whichever occurs first. With respect to the end of any such suspension, the preceding sentence supersedes the provisions of title II of the National Emergencies Act (50 U.S.C. 1621-1622) which provide that powers or authorities exercised by reason of a national emergency shall cease to be exercised after the date of the termination of the emergency. (Added Pub. L. 96-513, title I, § 103, Dec. 12, 1980, 94 Stat. 2845, § 526; renumbered § 527 and amended Pub. L. 100-370, § 1(b)(1)(A), (2), July 19, 1988, 102 Stat. 840; Pub. L. 103-337, div. A, title XVI, § 1671(c)(4), Oct. 5, 1994, 108 Stat. 3014.) REFERENCES IN TEXT The National Emergencies Act, referred to in text, is Pub. L. 94-412, Sept. 14, 1976, 90 Stat. 1255, as amended. Title II of the National Emergencies Act is classified generally to subchapter II (§ 1621 et seq.) of chapter 34 of Title 50, War and National Defense. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 50 and Tables. AMENDMENTS 1994-Pub. L. 103-337 struck out “524," after "523," in section catchline and in text. 1988-Pub. L. 100-370 renumbered section 526 of this title as this section, substituted "524, 525, and 526" for "524, and 525" in section catchline, and "524, 525, or 526" for "524, or 525" in text. EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103-337 effective Dec. 1. 1994, except as otherwise provided, see section 1691 of Pub. L. 103-337, set out as an Effective Date note under section 10001 of this title. DELEGATION OF FUNCTIONS Functions of President under this section to suspend operation of sections 523, 524 [now 12011], and 525 of this title, relating to authorized strength of commissioned officers, delegated to Secretary of Defense to perform during a time of war or national emergency, without approval, ratification, or other action by President, and with authority for Secretary to redelegate, provided that, during a national emergency declared by President, the exercise of any such authority be specifically directed by President in accordance with section 1631 of Title 50, War and National Defense, and that Secretary ensure that actions taken pursuant to any authority so delegated be accounted for as required by section 1641 of Title 50, see Ex. Ord. No. 12396, §§ 2, 3, Dec. 9, 1982, 47 F.R. 55897, 55898, set out as a note under section 301 of Title 3, The President. AUTHORITY TO WAIVE GRADE STRENGTH LAWS FOR FISCAL YEAR 1991; CERTIFICATION; RELATIONSHIP TO OTHER SUSPENSION AUTHORITY Pub. L. 102-25, title II, §§ 201(b), 202, 205(b), Apr. 6, 1991, 105 Stat. 79, 80, authorized Secretary of a military department to suspend, for fiscal year 1991, the operation of any provision of section 517, 523, 524, 525, or 526 of this title with respect to that military department, that such Secretary may exercise such authority only after submission to the congressional defense committees of a certification in writing that such authority is necessary because of personnel actions associated with Operation Desert Storm, and that such authority is in addition to the authority provided in this section. § 528. Limitation on number of officers on active duty in grades of general and admiral (a) LIMITATION.-The total number of officers on active duty after September 30, 1995, in the Army, Air Force, and Marine Corps in the grade of general and in the Navy in the grade of admiral may not exceed 32. (b) EXCEPTIONS.-The limitation in subsection (a) does not apply in the case of an officer serving in the grade of general or admiral in a position that is specifically exempted by law from being counted for purposes of limitations by law on the total number of officers that may be on active duty in the grades of general and admiral or the number of officers that may be on active duty in that officer's armed force in the grade of general or admiral. (Added Pub. L. 103-337, div. A, title IV, § 405(b)(1), Oct. 5, 1994, 108 Stat. 2744.) CHAPTER 33-ORIGINAL APPOINTMENTS OF REGULAR OFFICERS IN GRADES ABOVE WARRANT OFFICER GRADES NENTS" as chapter heading, struck out analysis of subchapters listing subchapter I "Original Appointments of Regular Officers in Grades above Warrant Officer Grades" and subchapter II “Appointments of Regular Warrant Officers", and struck out subchapter I heading. 1980-Pub. L. 96-513, title I, § 104(a), Dec. 12, 1980, 94 Stat. 2845, inserted an analysis of subchapters immediately following chapter heading, added subchapter I heading, and, in analysis of sections following subchapter I heading, added items 531, 532, and 533 preceding item 541, re-enacted item 541 without change, and struck out, following item 541, items 555 to 565. The items 555 to 565 formerly set out in the analysis of sections immediately following chapter heading were transferred to a position following a new heading for subchapter II preceding section 555. CROSS REFERENCES Particular provisions relating to appointments-Regular Air Force, see section 8281 et seq. of this title. Regular Army, see section 3281 et seq. of this title. Regular Coast Guard, see sections 212, 214 of Title 14, Coast Guard. Regular Navy and Regular Marine Corps, see section 5582 et seq. of this title. § 531. Original appointments of commissioned offi cers (a) Original appointments in the grades of second lieutenant through colonel in the Regu lar Army, Regular Air Force, and Regular Marine Corps and in the grades of ensign through captain in the Regular Navy shall be made by the President, by and with the advice and consent of the Senate. (b) The grade of a person receiving an appointment under this section who at the time of appointment (1) is credited with service under section 533 of this title, and (2) is not a commissioned officer of a reserve component shall be determined under regulations prescribed by the Secretary of Defense based upon the amount of service credited. The grade of a person receiving an appointment under this section who at the time of the appointment is a commissioned officer of a reserve component is determined under section 533(f) of this title. (Added Pub. L. 96-513, title I, § 104(a), Dec. 12, 1980, 94 Stat. 2845; amended Pub. L. 97-22, § 3(a), July 10, 1981, 95 Stat. 124.) AMENDMENTS 1981-Pub. L. 97-22 designated existing provisions as subsec. (a) and added subsec. (b). EFFECTIVE DATE Chapter effective Sept. 15, 1981, but the authority to prescribe regulations under this chapter effective on Dec. 12, 1980, see section 701 of Pub. L. 96-513, set out as an Effective Date of 1980 Amendment note under section 101 of this title. TRANSITION PROVISIONS UNDER DEFENSE OFFICER PERSONNEL MANAGEMENT ACT For provisions to prevent extinction or premature termination of rights, duties, penalties, or proceedings that existed or were begun prior to the effective date of Pub. L. 96-513 and otherwise to allow for an orderly transition to the system of officer personnel manage ment put in place under Pub. L. 96-513, see section 601 et seq. of Pub. L. 96-513, set out as a note under section 611 of this title. |