108 STAT. 2744 PUBLIC LAW 103-337—OCT. 5, 1994 Number of officers who may be serving on active duty in the "Fiscal year: ^^^^ °^ - Major Lieutenant colonel 1996 3,157 1,634 1997 3,157 1,634. ". (c) CLERICAL AMENDMENT. —The caption of subsection (b) of such section is amended by striking out "AND 1995. —" and inserting in Heu thereof "THROUGH 1997.— ". SEC. 404. INCREASE IN AUTHORIZED STRENGTH FOR MARINE CORPS GENERAL OFFICERS ON ACTIVE DUTY AFTER FISCAL YEAR 1995. Section 526(a)(4) of title 10, United States Code, is amended by striking out "before October 1, 1995," and all that follows through "that date". SEC. 405. MANAGEMENT OF SENIOR GENERAL AND FLAG OFFICER POSITIONS. (a) IN GENERAL. —Section 525(b) of title 10, United States Code, is amended by adding at the end the following new paragraph: "(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. Sunset "(C) This paragraph shall cease to be effective at the end provision. of September 30, 1997.". (b) LIMITATION ON NUMBER OF 4-STAR POSITIONS. —(1) Chapter 32 of such title is amended by adding at the end the following new 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.".
�
