Sec. 501. Congressional notification requirements related to increases in number of general and flag officers on active duty or in joint duty assignments
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Section 526 of title 10, United States Code, is amended— by redesignating subsections
(d)through
(h)as subsections
(c)through (g), respectively; and by adding at the end the following new subsections: If the Secretary of a military department proposes an action that would increase above the baseline the number of general officers or flag officers of an armed force under the jurisdiction of that Secretary who would be on active duty and would count against the statutory limit applicable to that armed force under subsection (a), the action shall not take effect until after the end of the 60-calendar day period beginning on the date on which the Secretary provides notice of the proposed action, including the rationale for the action, to the Committees on Armed Services of the House of Representatives and the Senate. For purposes of paragraph (1), the term baseline for an armed force means the lower of— the statutory limit of general officers or flag officers of that armed force under subsection (a); or the actual number of general officers or flag officers of that armed force who, as of January 1, 2014, counted toward the statutory limit of general officers or flag officers of that armed force under subsection (a). If, at any time, the actual number of general officers or flag officers of an armed force who count toward the statutory limit of general officers or flag officers of that armed force under subsection
(a)exceeds such statutory limit, then no increase described in paragraph
(1)for that armed force may occur until the general officer or flag officer total for that armed force is reduced below such statutory limit. If the Secretary of Defense, the Secretary of a military department, or the Chairman of the Joint Chiefs of Staff proposes an action that would increase above the baseline the number of general officers and flag officers of the armed forces in joint duty assignments who count against the statutory limit under subsection (b)(1), the action shall not take effect until after the end of the 60-calendar day period beginning on the date on which the Secretary or Chairman, as the case may be, provides notice of the proposed action, including the rationale for the action, to the Committees on Armed Services of the House of Representatives and the Senate. For purposes of paragraph (1), the term baseline means the lower of— the statutory limit on general officer and flag officer positions that are joint duty assignments under subsection (b)(1); or the actual number of general officers and flag officers who, as of January 1, 2014, were in joint duty assignments counted toward the statutory limit under subsection (b)(1). If, at any time, the actual number of general officers and flag officers in joint duty assignments counted toward the statutory limit under subsection (b)(1) exceeds such statutory limit, then no increase described in paragraph
(1)may occur until the number of general officers and flag officers in joint duty assignments is reduced below such statutory limit. . Not later than February 1, 2014, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report specifying— the numbers of general officers and flag officers who, as of January 1, 2014, counted toward the service-specific limits of subsection
(a)of section 526 of title 10, United States Code; and the number of general officers and flag officers in joint duty assignments who, as of January 1, 2014, counted toward the statutory limit under subsection (b)(1) of such section. Section 526 of title 10, United States Code, is further amended by inserting after subsection (i), as added by subsection (a)(2) of this section, the following new subsection: Not later than March 1, 2015, and each March 1 thereafter, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report specifying— the numbers of general officers and flag officers who, as of January 1 of the calendar year in which the report is submitted, counted toward the service-specific limits of subsection (a); and the number of general officers and flag officers in joint duty assignments who, as of such January 1, counted toward the statutory limit under subsection (b)(1). . The amendments made by this is section shall take effect on January 1, 2014.