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Code · STATUTE-COMPILATIONS · William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 · Sec. 501

Sec. 501. AUTHORIZED STRENGTHS OF GENERAL AND FLAG OFFICERS ON ACTIVE DUTY

866 words·~4 min read·/statute-compilations/comps-16736/sec-501

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## SEC. 501 AUTHORIZED STRENGTHS OF GENERAL AND FLAG OFFICERS ON ACTIVE DUTY ###
(a)Exclusion of Certain General and Flag Officers of Reserve Components on Active Duty From Strength Limitations Section 526a of title 10, United States Code, is amended— ####
(1)by redesignating subsections
(c)through
(h)as subsections
(d)through (i), respectively; and ####
(2)by inserting after subsection
(b)the following new subsection (c): > > ### “(c) Exclusion of Certain Officers of Reserve Components > > The limitations of this section do not apply to the following: > > > #### “(1) > > A general or flag officer of a reserve component who is on active duty— > > > ##### “(A) > > for training; or > > > ##### “(B) > > under a call or order specifying a period of less than 180 days. > > > #### “(2) > > > #####
(A)> > A general or flag officer of a reserve component who is authorized by the Secretary of the military department concerned to serve on active duty for a period of at least 180 days and not longer than 365 days. > > > ##### “(B) > > The Secretary of the military department concerned may authorize a number, determined under subparagraph (C), of officers in the reserve component of each armed force under the jurisdiction of that Secretary to serve as described in subparagraph (A). > > > ##### “(C) > > Each number described in subparagraph
(B)may not exceed 10 percent of the number of general or flag officers, as the case may be, authorized to serve in the armed force concerned under section 12004 of this title. In determining a number under this subparagraph, any fraction shall be rounded down to the next whole number that is greater than zero. > > > #### “(3) > > > #####
(A)> > A general or flag officer of a reserve component who is on active duty for a period longer than 365 days and not longer than three years. > > > ##### “(B) > > The number of officers described in subparagraph
(A)who do not serve in a position that is a joint duty assignment for purposes of chapter 38 of this title may not exceed five per armed force, unless authorized by the Secretary of Defense.” > . ###
(b)Allocation of Billets and Positions Among the Armed Forces and for Joint Duty Assignments ####
(1)Report required Not later than May 1, 2021, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of a study, conducted by the Secretary for purposes of the report, on the following: #####
(A)The allocation among the Armed Forces of billets and positions for general and flag officers on active duty. #####
(B)The allocation for joint duty assignments of billets and positions for general and flag officers on active duty. ####
(2)Consultation The Secretary of Defense shall carry out paragraph
(1)in the consultation with the Secretaries of the military departments and the Chairman of the Joint Chiefs of Staff. ####
(3)Elements The report required by paragraph
(1)shall include the following: #####
(A)A final plan to meet the authorized strengths of general and flag officers on active duty after December, 31, 2022, as required by section 526a of title 10, United States Code, which plan shall set forth the intended disposition of each billet or position for general or flag officer in effect as of the date of the enactment of this Act in order to meet the objectives of the plan. #####
(B)A recommendation by the Secretary of Defense as to the appropriate grade level or levels for the billet or position of commander of a component command within a combatant command. #####
(C)A recommendation by the Chairman of the Joint Chief of Staff as to whether the billet or position of commander of a component command within a combatant command should be considered a joint duty assignment for purposes of section 526(b) or 526a(b) of title 10, United States Code. #####
(D)A recommendation by the Secretary of Defense as to the allocation of billets and positions for general and flag officers on active duty among the Armed Forces within the aggregate limitation specified in section 526a(a) of title 10, United States Code, including the allocation of such billets and positions within the Space Force. #####
(E)Such other matters as the Secretary of Defense considers appropriate. ###
(c)Increase in Army Authorization for General Officers Serving in Grade O-10 ####
(1)Increase Section 525(a)(1)(A) of title 10, United States Code, is amended by striking “7” and inserting “8”. ####
(2)Conforming decrease in strength limitations for joint duty requirements Section 526(b)(3)(A) of such title is amended by striking “20” and inserting “19”. ####
(3)Construction of decrease as applying to generals **[**[10 U.S.C. 526 note](/us/usc/t10/s526)**]** The reduction in number of positions excluded from authorized strength limitations resulting from the amendment made by paragraph
(2)shall apply to positions in the grade of general.
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Sec. 501
AUTHORIZED STRENGTHS OF GENERAL AND FLAG OFFICERS ON ACTIVE DUTY
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