PUBLIC LAW 107-314—DEC. 2, 2002 116 STAT. 2525 (b) REPEAL OF SECRETARY OF DEFENSE FLEXIBILITY AUTHORITY. —Subsection (e) of such section is repealed. SEC. 403. EXPANDED AUTHORITY FOR ADMINISTRATIVE INCREASES IN STATUTORY ACTIVE-DUTY END STRENGTHS. (a) SECRETARY OF DEFENSE AUTHORITY.—Subsection (c)(1) of section 115 of title 10, United States Code, is amended by striking "2 percent" and inserting "3 percent". (b) SERVICE SECRETARY AUTHORITY. —Such section is further amended by inserting after subsection (e) the following new subsection: "(f) Upon determination by the Secretary of a military department that such action would enhance manning and readiness in essential units or in critical specialties or ratings, the Secretary may increase the end strength authorized pursuant to subsection (a)(1)(A) for a fiscal year for the armed force under the jurisdiction of that Secretary or, in the case of the Secretary of the Navy, for any of the armed forces under the jurisdiction of that Secretary. Any such increase for a fiscal year— "(1) shall be by a number equal to not more than 2 percent of such authorized end strength; and "(2) shall be counted as part of the increase for that armed force for that fiscal year authorized under subsection (c)(1).". SEC. 404. GENERAL AND FLAG OFFICER MANAGEMENT. (a) EXCLUSION OF SENIOR MILITARY ASSISTANT TO THE SEC- RETARY OF DEFENSE FROM LIMITATION ON ACTIVE DUTY OFFICERS IN GRADES ABOVE MAJOR GENERAL AND REAR ADMIRAL.— Effective Effective date. on the date specified in subsection (d), section 525(b) of title 10, United States Code, is amended by adding at the end the following new paragraph: "(8) An officer while serving in a position designated by the Secretary of Defense as Senior Military Assistant to the Secretary of Defense, if serving in the grade of lieutenant general or vice admiral, is in addition to the number that otherwise would be permitted for that officer's armed force for that grade under paragraph (1) or (2). Only one officer may be designated as Senior Military Assistant to the Secretary of Defense for purposes of this paragraph.". (b) INCREASE IN NUMBER OF LIEUTENANT GENERALS AUTHOR- IZED FOR THE MARINE CORPS.—Paragraph (2)(B) of such section is amended by striking "16.2 percent" and inserting "17.5 percent". (c) REVIEW OF ACTIVE DUTY AND RESERVE GENERAL AND FLAG lo use 525 note. OFFICER AUTHORIZATIONS. —(1) The Secretary of Defense shall Reports, submit to Congress a report containing any recommendations of the Secretary (together with the rationale of the Secretary for the recommendations) concerning the following: (A) Revision of the limitations on general and flag officer grade authorizations and distribution in grade prescribed by sections 525, 526, and 12004 of title 10, United States Code. (B) Statutory designation of the positions and grades of any additional general and flag officers in the commands specified in chapter 1006 of title 10, United States Code, and the reserve component offices specified in sections 3038, 5143, 5144, and 8038 of such title. (2) The provisions of subsection (b) through (e) of section 1213 Applicability, of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2694) shall apply to the report 99-194O-03-4:QL3Part4
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