Pub. L. 107-314, div. A, tit. IV, subtit. A, sec. 404

GENERAL AND FLAG OFFICER MANAGEMENT.

EnactedYear: 2002Length: 356 wordsOfficial source
SEC. 404. GENERAL AND FLAG OFFICER MANAGEMENT. (a) Exclusion of Senior Military Assistant to the Secretary of Defense From Limitation on Active Duty Officers in Grades Above Major General and Rear Admiral.—Effective on the date specified in subsection (d), section 525(b) of title 10, United States Code, is amended by adding at the end the following new paragraph: “(8) An officer while serving in a position designated by the Secretary of Defense as Senior Military Assistant to the Secretary of Defense, if serving in the grade of lieutenant general or vice admiral, is in addition to the number that otherwise would be permitted for that officer’s armed force for that grade under paragraph (1) or (2). Only one officer may be designated as Senior Military Assistant to the Secretary of Defense for purposes of this paragraph.”. (b) Increase in Number of Lieutenant Generals Authorized for the Marine Corps.—Paragraph (2)(B) of such section is amended by striking “16.2 percent” and inserting “17.5 percent”. (c) Review of Active Duty and Reserve General and Flag Officer Authorizations.—(1) The Secretary of Defense shall submit to Congress a report containing any recommendations of the Secretary (together with the rationale of the Secretary for the recommendations) concerning the following: (A) Revision of the limitations on general and flag officer grade authorizations and distribution in grade prescribed by sections 525, 526, and 12004 of title 10, United States Code. (B) Statutory designation of the positions and grades of any additional general and flag officers in the commands specified in chapter 1006 of title 10, United States Code, and the reserve component offices specified in sections 3038, 5143, 5144, and 8038 of such title. (2) The provisions of subsection (b) through (e) of section 1213 of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104–201; 110 Stat. 2694) shall apply to the report 116 STAT. 2526under paragraph (1) in the same manner as they applied to the report required by subsection (a) of that section. (d) Effective Date.—The amendment made by subsection (a) shall take effect on the date of the receipt by Congress of the report required by subsection (c).