12 2 STA T .4 4 36PUBLIC LA W 11 0– 41 7—O CT. 14 , 200 8(C)45of f icers i nag ra d ea b o v e th e grade of m a j or genera l; or ( D ) 90 officers in the grade of major general; ( 2 )inthe A ir F orce , if that a p pointment w o u ld result in more than — (A) 20 8 officers serving on active dut y in a grade above the grade of colonel; ( B ) 9 officers in the grade of general; (C) 4 3 officers in a grade above the grade of major general; or (D) 7 3 officers in the grade of major general; (3) in the N avy, if that appointment would result in more than— (A) 16 0 officers serving on active duty in a grade above the grade of captain; (B) 6 officers in the grade of admiral; (C) 32 officers in a grade above the grade of rear admiral; or (D) 50 officers in the grade of rear admiral; or (4) in the M arine Corps, if that appointment would result in more than— (A) 60 officers serving on active duty in a grade above the grade of colonel; (B) 2 officers in the grade of general; (C) 15 officers in a grade above the grade of major general; or (D) 22 officers in the grade of major general . (c) EXCLUSION O F C ERTA IN O FFICERS FRO M DISTRI B UTION L IMITS.— (1) J OINT ASSI G NMENTS.— T he limitations contained in sub - section (b) do not apply to officers serving in joint duty assign- ments, as designated by the S ecretary of Defense under section 526(b) of title 10, U nited States Code, or this section or for officers released from joint duty assignments, but only during the 60-day period beginning on the date the officer departs the joint duty assignment. Of the officers serving in such joint duty assignments— (A) the number of officers in the grade of general or admiral may not e x ceed 20; (B) the number of officers in a grade above the grade of major general or rear admiral may not exceed 68; and (C) the number of officers in the grade of major general or rear admiral may not exceed 144. (2) OFFICERS AFTER RELIEF FROM CERTAIN P OSITIONS.—An officer continuing to hold the grade of general or admiral under section 601(b)(4) of title 10 United States Code, after relief from the position of Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, or Commandant of the Marine Corps shall not be counted for purposes of subsection (b). (3) ATTEN D ING P HY SICIAN.—An officer while serving as Attending P hysician to the Congress 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 brigadier general or rear admiral (lower half) under subsection (b). Timep e r i od.
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