Pub. L. 104-106, div. A, tit. 4, subtit. A, sec. 403
CERTAIN GENERAL AND FLAG OFFICERS AWAITING RETIREMENT NOT TO BE COUNTED.
SEC. 403. CERTAIN GENERAL AND FLAG OFFICERS AWAITING RETIREMENT NOT TO BE COUNTED. (a) Distribution of Officers on Active Duty in General and Flag Officer Grades.— Section 525 of title 10, United States Code, is amended by adding at the end the following new subsection: “(d) An officer continuing to hold the grade of general or admiral under section 601(b)(4) of this title 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 this section.”. 110 STAT. 287 (b) Number of Officers on Active Duty in Grade of General or Admiral.— Section 528(b) of such title is amended— (1) by inserting “(1)” after “(b)”; and (2) by adding at the end the following: “(2) An officer continuing to hold the grade of general or admiral under section 601(b)(4) of this title 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 this section.”. (c) Clarification.— Section 601(b) of such title is amended— (1) in the matter preceding paragraph (1), by striking out “of importance and responsibility designated” and inserting in lieu thereof “designated under subsection (a) or by law”; (2) in paragraph (1), by striking out “of importance and responsibility”; (3) in paragraph (2), by striking out “designating” and inserting in lieu thereof “designated under subsection (a) or by law”; and (4) in paragraph (4), by inserting “under subsection (a) or by law” after “designated”.