MODIFICATION OF LIMITATIONS ON GENERAL AND FLAG OFFICERS ON ACTIVE DUTY.

SEC. 502. MODIFICATION OF LIMITATIONS ON GENERAL AND FLAG OFFICERS ON ACTIVE DUTY.(a) Report on Statutes Excluding Certain Officers on Active Duty in General and Flag Officer Grades From Limitations on Authorized Strengths of General and Flag Officers on Active Duty.—Not later than April 1, 2010, the Secretary of Defense shall submit to the Committees on Armed Forces of the Senate and the House of Representatives a report setting forth the following:(1) An assessment of the provisions of title 10, United States Code, that exclude commissioned officers of the Armed Forces on active duty in general officer and flag officer grades from the limitations on the authorized strengths of general and flag officers, including—(A) a list of each such provision; and(B) for each such provision—(i) a statement whether such provision is redundant or necessary in light of recent legislation on such provision or related provisions; and(ii) an assessment of the impact of the repeal of such provision on the Department of Defense.(2) A specific, comprehensive description of the legislative actions, including technical and conforming changes, necessary to conform sections 525, 526, and 528 of title 10, United States Code (and any other applicable provisions of such title), with the assessment required by paragraph (1) with a view towards increasing the transparency and comprehensiveness on the number of general and flag officers serving on active duty.(3) An assessment of the following:(A) Whether the authorized numbers of general and flag officers in an active status under section 12004(a) of title 10, United States Code, are adequate to provide 123 STAT. 2273 the reserve components with a sufficient number of general and flag officers in an active status in order to meet increased authorizations for active duty service.(B) Whether such numbers of general and flag officers provide the general and flag officers of the reserve components with appropriate opportunities for joint responsibility and joint officer development while simultaneously meeting reserve active-status requirements(C) Whether legislative action with respect to section 12004(a) of title 10, United States Code, is necessary to achieve the purposes specified in subparagraphs (A) and (B) and, if so, a specific, comprehensive description of such legislative actions.(4) An assessment of the following:(A) Whether the requirements for general and flag officer positions resulting from recommendations for statutory authority to specify the grade of the Chief of the Navy Dental Corps, the Chief and Deputy Chief of Chaplains in the Air Force, the Chief of the Army Medical Specialist Corps, and to establish the position of Vice Chief of the National Guard Bureau, are necessary in light of recent legislative modifications of applicable provisions of law.(B) The impact on the Department of each provision.(C) If supported, the necessary technical and conforming changes that may be necessary to conform sections 535, 526, 528, and 12004 of title 10, United States Code, to increase the transparency and comprehensiveness of the number of general and flag officers on active duty or in an active status.(b) Clarification of Distribution Limits.—Section 525 of title 10, United States Code, is amended by striking subsections (a) and (b) and inserting the following new subsections:“(a) For purposes of the applicable limitation in section 526(a) of this title on general and flag officers on active duty, no appointment of an officer on the active duty list may be made as follows:“(1) in the Army, if that appointment would result in more than—“(A) 7 officers in the grade of general;“(B) 45 officers in a grade above the grade of major general; or“(C) 90 officers in the grade of major general;“(2) in the Air Force, if that appointment would result in more than—“(A) 9 officers in the grade of general;“(B) 43 officers in a grade above the grade of major general; or“(C) 73 officers in the grade of major general;“(3) in the Navy, if that appointment would result in more than—“(A) 6 officers in the grade of admiral;“(B) 32 officers in a grade above the grade of rear admiral; or“(C) 50 officers in the grade of rear admiral;“(4) in the Marine Corps, if that appointment would result in more than—“(A) 2 officers in the grade of general;123 STAT. 2274“(B) 15 officers in a grade above the grade of major general; or“(C) 22 officers in the grade of major general.“(b)(1) The limitations of subsection (a) do not include the following:“(A) An officer released from a joint duty assignment, but only during the 60-day period beginning on the date the officer departs the joint duty assignment, except that the Secretary of Defense may authorize the Secretary of a military department to extend the 60-day period by an additional 120 days, but no more than 3 officers from each armed forces may be on active duty who are excluded under this subparagraph.“(B) An officer while serving in the position of Staff Judge Advocate to the Commandant of the Marine Corps under section 5046 of this title.“(C) The number of officers required to serve in joint duty assignments as authorized by the Secretary of Defense under section 526(b) for each military service.“(D) An officer while serving as Chief of the National Guard Bureau.“(2) An officer of the Army while serving as Superintendent of the United States Military Academy, if serving in the grade of lieutenant general, is in addition to the number that would otherwise be permitted for the Army for officers serving on active duty in grades above major general under subsection (a). An officer of the Navy or Marine Corps while serving as Superintendent of the United States Naval Academy, if serving in the grade of vice admiral or lieutenant general, is in addition to the number that would otherwise be permitted for the Navy or Marine Corps, respectively, for officers serving on active duty in grades above major general or rear admiral under subsection (a). An officer while serving as Superintendent of the United States Air Force Academy, if serving in the grade of lieutenant general, is in addition to the number that would otherwise be permitted for the Air Force for officers serving on active duty in grades above major general under subsection (a).”.(c) Clarification on Offsetting Reductions.—Subsection (c) of such section is amended—(1) in paragraph (1)—(A) by amending subparagraph (A) to read as follows:“(A) may make appointments in the Army, Air Force, and Marine Corps in the grades of lieutenant general and general in excess of the applicable numbers determined under this section if each such appointment is made in conjunction with an offsetting reduction under paragraph (2); and”; and(B) in subparagraph (B), by striking “subsection (b)(2)” and inserting “this section”;(2) in paragraph (3)(A), by striking “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)” and inserting “15”; and(3) in paragraph (3)(B), by striking “the number equal to 15 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” and inserting “5”.123 STAT. 2275(d) Other Distribution Clarifications.—Such section is further amended—(1) in subsection (e), by striking “In determining the total number of general officers or flag officers of an armed force on active duty for purposes of this section, the following officers shall not be counted:” in the matter preceding paragraph (1) and inserting “The following officers shall not be counted for purposes of this section:”; and(2) by adding at the end the following new subsection:“(g)(1) The limitations of this section do not apply to a reserve component general or flag officer who is on active duty for a period in excess of 365 days, but not to exceed three years, except that the number of officers from each reserve component who are covered by this subsection and is not serving in a position that is a joint duty assignment for purposes of chapter 38 of this title may not exceed 5 per component, unless authorized by the Secretary of Defense“(2) The exception in paragraph (1) does apply to the position of Chief of the National Guard Bureau.“(3) Not later than 30 days after authorizing a number of reserve component general or flag officers in excess of the number specified in paragraph (1), the Secretary of Defense shall notify the Committees on Armed Services of the Senate and the House of Representatives of such authorization, and shall include with such notice a statement of the reason for such authorization.”.(e) Change to Authorized Strengths.—Subsection (a) of section 526 of such title is amended—(1) in paragraph (1), by striking “307” and inserting “230”;(2) in paragraph (2), by striking “216” and inserting “160”;(3) in paragraph (3), by striking “279” and inserting “208”; and(4) in paragraph (4), by striking “81” and inserting “60”.(f) Changes to Limited Exclusion for Joint Duty Requirements.—Subsection (b) of such section is amended—(1) in paragraph (1)—(A) by striking “Chairman of the Joint Chiefs of Staff” and inserting “Secretary of Defense”;(B) by striking “65” and inserting “324”; and(C) by striking the second sentence and inserting the following new sentence: “The Secretary of Defense shall allocate those exclusions to the armed forces based on the number of general or flag officers required from each armed force for assignment to these designated positions.”;(2) by redesignating paragraph (2) as paragraph (5); and(3) by inserting after paragraph (1) the following new paragraphs:“(2) Unless the Secretary of Defense determines that a lower number is in the best interest of the Department, the minimum number of officers serving in positions designated under paragraph (1) for each armed force shall be as follows:“(A) For the Army, 85.“(B) For the Navy, 61.“(C) For the Air Force, 76.“(D) For the Marine Corps, 21.“(3) The number excluded under paragraph (1) and serving in positions designated under that paragraph—123 STAT. 2276“(A) in the grade of general or admiral may not exceed 20;“(B) in a grade above the grade of major general or rear admiral may not exceed 68; and“(C) in the grade of major general or rear admiral may not exceed 144.“(4) Not later than 30 days after determining to raise or lower a number specified in paragraph (2), the Secretary of Defense shall notify the Committees on Armed Services of the Senate and the House of Representatives of such determination.”.(g) Other Authorization Clarifications.—Such section is further amended—(1) in subsection (d), by adding at the end the following new paragraph:“(3) The limitations of this section do not apply to a reserve component general or flag officer who is on active duty for a period in excess of 365 days but not to exceed three years, except that the number of such officers from each reserve component who are covered by this paragraph and not serving in a position that is a joint duty assignment for purposes of chapter 38 of this title may not exceed 5 per component, unless authorized by the Secretary of Defense.”; and(2) by adding at the end the following new subsections:“(g) Temporary Exclusion for Assignment to Certain Temporary Billets.—(1) The limitations in subsection (a) and in section 525(a) of this title do not apply to a general or flag officer assigned to a temporary joint duty assignment designated by the Secretary of Defense.“(2) A general or flag officer assigned to a temporary joint duty assignment as described in paragraph (1) may not be excluded under this subsection from the limitations in subsection (a) for a period of longer than one year.“(h) Exclusion of Officers Departing From Joint Duty Assignments.—The limitations in subsection (a) do not apply to an officer released from a joint duty assignment, but only during the 60-day period beginning on the date the officer departs the joint duty assignment. The Secretary of Defense may authorize the Secretary of a military department to extend the 60-day period by an additional 120 days, except that not more than three officers on active duty from each armed force may be covered by an extension under this sentence at the same time.”.(h) Exclusion of Reserve Officers Departing From Joint or Other Active Duty Assignments.—Section 12004 of such title is amended by adding at the end the following new subsection:“(f) The limitations in subsection (a) do not apply to an officer released from a joint duty assignment or other non-joint active duty assignment, but only during the 60-day period beginning on the date the officer departs the joint duty or other active duty assignment. The Secretary of Defense may authorize the Secretary of a military department to extend the 60-day period by an additional 120 days, except that not more than three officers in an active status from each reserve component may be covered by an extension under this sentence at the same time.”.(i) Repeal of Limitations on General and Flag Officer Activities Outside the Officer’s Own Service.—(1) Repeal.—Section 721 of such title is repealed.123 STAT. 2277(2) Clerical amendment.—The table of sections at the beginning of chapter 41 of such title is amended by striking the item relating to section 721.(j) Repeal of Superseded Authority.—Section 506 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4434; 10 U.S.C. 525 note) is repealed.