§ 526. Authorized strength: general and flag officers on active duty
(a)
Limitations.—
The number of general officers on active duty in the Army, Air Force, and Marine Corps, and the number of flag officers on active duty in the Navy, may not exceed the number specified for the armed force concerned as follows:
(b)
Limited Exclusion for Joint Duty Requirements.—
(1)
The Secretary of Defense may designate up to 324 general officer and flag officer positions that are joint duty assignments for purposes of chapter
38 of this title for exclusion from the limitations in subsection (a). 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)
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:
(3)
The number excluded under paragraph (1) and serving in positions designated under that paragraph—
(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.
(5)
(A)
The Chairman of the Joint Chiefs of Staff may designate up to 15 general and flag officer positions in the unified and specified combatant commands, and up to three general and flag officer positions on the Joint Staff, as positions to be held only by reserve component officers who are in a general or flag officer grade below lieutenant general or vice admiral. Each position so designated shall be considered to be a joint duty assignment position for purposes of chapter
38 of this title.
(B)
A reserve component officer serving in a position designated under subparagraph (A) while on active duty under a call or order to active duty that does not specify a period of 180 days or less shall not be counted for the purposes of the limitations under subsection (a) and under section
525 of this title if the officer was selected for service in that position in accordance with the procedures specified in subparagraph (C).
(C)
Whenever a vacancy occurs, or is anticipated to occur, in a position designated under subparagraph (A)—
(i)
the Secretary of Defense shall require the Secretary of the Army to submit the name of at least one Army reserve component officer, the Secretary of the Navy to submit the name of at least one Navy Reserve officer and the name of at least one Marine Corps Reserve officer, and the Secretary of the Air Force to submit the name of at least one Air Force reserve component officer for consideration by the Secretary for assignment to that position; and
(D)
Whenever the Secretaries of the military departments are required to submit the names of officers under subparagraph (C)(i), the Chairman of the Joint Chiefs of Staff shall submit to the Secretary of Defense the Chairman’s evaluation of the performance of each officer whose name is submitted under that subparagraph (and of any officer whose name the Chairman submits to the Secretary under subparagraph (C)(ii) for consideration for the same vacancy).
(E)
Subparagraph (B) does not apply in the case of an officer serving in a position designated under subparagraph (A) if the Secretary of Defense, when considering officers for assignment to fill the vacancy in that position which was filled by that officer, did not have a recommendation for that assignment from each Secretary of a military department who (pursuant to subparagraph (C)) was required to make such a recommendation.
(d)
Exclusion of Certain Reserve Officers.—
(1)
The limitations of this section do not apply to a reserve component general or flag officer who is on active duty for training or who is on active duty under a call or order specifying a period of less than 180 days.
(2)
The limitations of this section also do not apply to a number, as specified by the Secretary of the military department concerned, of reserve component general or flag officers authorized to serve on active duty for a period of not more than 365 days. The number so specified for an armed force may not exceed the number equal to 10 percent of the authorized number of general or flag officers, as the case may be, of that armed force under section
12004 of this title. In determining such number, any fraction shall be rounded down to the next whole number, except that such number shall be at least one.
(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.
(e)
Exclusion of Certain Officers Pending Separation or Retirement or Between Senior Positions.—
The limitations of this section do not apply to a general or flag officer who is covered by an exclusion under section
525
(e) of this title.
(f)
Exclusion of Attending Physician to the Congress.—
The limitations of this section do not apply to the general or flag officer who is serving as Attending Physician to the Congress.
(g)
Temporary Exclusion for Assignment to Certain Temporary Billets.—
(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.