12 2 STA T .4 4 35PUBLIC LA W 11 0– 41 7—O CT. 14 , 200 8(1)REPORT O N PROPO S E DIM P L EMENT A TION .—TheS e cr e ta r yofD efe ns e sha l ls ubmi ttothe C ommittees on A rme dF orces of the Senate and H ouse of Re p resentati v es a report , reflectin g input from the Armed Forces, containing the follo w ing
(A) A statement of the total number of validated and re q uired j oint duty assignments for general officers and flag officers and the total number of validated assignments for general officers and flag officers required by the Army, N avy, Air Force, and M arine Corps to meet internal (non - joint) requirements. ( B ) A description of the process used by the Secretary of Defense and the Secretary of the military department concerned to validate joint general officer and flag officer requirements and authori z ations under the authority pro- vided by this section and how that process will function to ma k e adjustments (increases and reductions) in the num- bers of general officers and flag officers required for joint duty assignments and internal requirements of the Armed Force concerned. (C) A description of how the Secretary of Defense intends to minimize the incremental approaches to increases in the number of general officers and flag officers andtheuseofe x emptions to effect such increases. (D) A description of how the Secretaries of the military departments intend to manage the increase and develop- ment of general officer and flag officer positions under the authority provided by this section. ( E ) An explanation of and rationale for the grade dis- tribution of the general and flag officers in the joint pool authorized by subsection (f)(1). (F) A proposal specifying such legislative changes, including technical and conforming changes, as may be necessary to conform sections 52 5, 52 6 , and 7 21 of title 1 0 , U nited States Code, and such other provisions of such title relating to the management of general officers and flag officers to the authorities provided by this section. (2) TIME F OR IMPLEMENTATION.—After the end of the one- year period beginning on the date on which the Secretary of Defense submits the report required by paragraph (1), the Secretary of Defense may implement the authorities provided by this section regarding the distribution of commissioned offi- cers on active duty in general officer and flag officer grades and altering the limitations on authorized strengths of general and flag officers on active duty. ( 3 ) EFFE C T OF IMPLEMENTATION.—After the implementation date specified in paragraph (2), the authorities provided by this section supersede any requirement of section 525, 526, or 721 of title 10, United States Code, to the contrary. (b) DISTRI BU TION OF G ENERAL AND FLA GO FFICERS.—After the implementation date specified in subsection (a)(2), no appointment of an officer on the active duty list officer may be made— (1) in the Army, if that appointment would result in more than— (A) 225 officers serving on active duty above the grade of colonel
(B) 7 officers in the grade of general;
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