12 2 STA T .4 4 38PUBLIC LA W 11 0– 41 7—O CT. 14 , 2008 (e)AUTHORIZEDS TRE NG TH L I M IT SF OR G ENER AL AND F LAG O FFI C ERS ON ACTI V E D UT Y.— A ft e r t h e impl eme n t a ti o n d ate s pe c i - fied in s ub section (a)( 2 ) , the number of g eneral officers on acti v e dut y in the Army, Air Force, and M arine C orps, and the number of flag officers on active duty in the N avy, may not e x ceed the number specified for the Armed Force concerned as follo w s
( 1 ) For the Army, 22 5 . (2) For the Navy, 1 60 . ( 3 ) For the Air Force, 20 8 . ( 4 ) For the Marine Corps, 60. (f) LIMITED EX CLUSION FOR J OINT DUTY R E Q UIREMENTS.— (1) DESIGNATION OF P OSITIONS.— T he Secretary of Defense may designate up to 324 general officer and flag officer positions that are j oint duty assignments for the purposes of chapter 38 of title 10, U nited States Code, for exclusion from the limita- tions in subsection (e). The Secretary of Defense will allocate these exclusions to the Armed Forces based on the number of general or flag officers re q uired from each Armed Force for assignment to these designated positions. (2) MINIMUM NUM B ER OF POSITIONS.—Unless the Secretary of Defense determines that a lower number is in the best interests of the United States, 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, 7 6. (D) For the Marine Corps, 21. (g) TEMPORARY EXCLUSION FOR ASSIGNMENT TO CERTAIN TEM- PORARY BILLETS.—The limitations in subsection (e) do not apply to a general or flag officer assigned to a temporary joint duty assignment billet designated by the Secretary of Defense for pur- poses of this section. A general or flag officer assigned to a tem- porary joint duty assignment as described in this subsection may not be excluded under this subsection from the limitations in sub- section (e) for a period longer than one year. (h) EXCLUSION OF CERTAIN RESERVE OFFICERS.— (1) DISTRIBUTION LIMITS.—The limitations of subsection (b) do not apply to a reserve component general or flag officer who is on active duty and serving in billets other than joint duty assignments under a call or order specifying a period of not longer than two years. (2) AUTHORIZED STRENGTH LIMITS.—The limitations in sub- section (e) do not apply to a reserve component general or flag officer who is on active duty and serving in a position that is a joint duty assignment for the purposes of chapter 38 of title 10, United States Code, for a period not to exceed three years. (i) P ENDING OR AFTER JOINT DUTY ASSIGNMENTS.—Upon deter- mination by the Secretary of Defense that such action is in the national interest, the Secretary may allow the Secretary of a mili- tary department to exceed the distribution of general and flag officers established under subsection (b) and the limitation in sub- section (e) for up to one year for officers pending assignment to or return from joint duty assignments designated under section 526(b) of title 10, United States Code, or this section.
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