123STA T . 22 74PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9‘ ‘ (B)15of f icers i nag ra d ea b o v e th e grade of m a j or genera l; or ‘‘( C ) 2 2 officers in the grade of major general . ‘‘(b)(1) T he limitations of s u bsection (a) do not include the follo w ing
‘‘( A ) An officer released from a joint dut y assignment , but only during the 60- day p eriod beginning on the date the officer departs the joint duty assignment, e x cept that the S ecretary of D efense may authori z e the Secretary of a military depart- ment to extend the 60-day period by an additional 120 days, but no more than 3 officers from each armed forces may be on active duty who are excluded under this subparagraph. ‘‘(B) An officer while serving in the position of Staff J udge Advocate to the Commandant of the M arine Corps under section 50 4 6 of this title. ‘‘(C) The number of officers re q uired to serve in joint duty assignments as authorized by the Secretary of Defense under section 526(b) for each military service. ‘‘(D) An officer while serving as Chief of the N ational G uard Bureau. ‘‘(2) An officer of the Army while serving as Superintendent of the U nited States Military Academy, if serving in the grade of lieutenant general, is in addition to the number that would otherwise be permitted for the Army for officers serving on active duty in grades above major general under subsection (a). An officer of the Navy or Marine Corps while serving as Superintendent of the United States Naval Academy, if serving in the grade of vice admiral or lieutenant general, is in addition to the number that would otherwise be permitted for the Navy or Marine Corps, respectively, for officers serving on active duty in grades above major general or rear admiral under subsection (a). An officer while serving as Superintendent of the United States Air F orce Academy, if serving in the grade of lieutenant general, is in addition to the number that would otherwise be permitted for the Air Force for officers serving on active duty in grades above major general under subsection (a). ’ ’. (c) C LARIF I C A T I ON ON O FF SE TTIN GR E DU CTIONS. — Subsection (c) of such section is amended— (1) in paragraph (1)— (A) by amending subparagraph (A) to read as follows: ‘‘(A) may ma k e appointments in the Army, Air Force, and Marine Corps in the grades of lieutenant general and general in excess of the applicable numbers determined under this section if each such appointment is made in conjunction with an offsetting reduction under paragraph (2); and’’; and (B) in subparagraph (B), by striking ‘‘subsection (b)(2)’’ and inserting ‘‘this section’’; (2) in paragraph (3)(A), by striking ‘‘the number equal to 10 percent of the total number of officers that may be serving on active duty in those grades in the Army, Navy, Air Force, and Marine Corps under subsection (b)’’ and inserting ‘‘15’’; and (3) in paragraph (3)(B), by striking ‘‘the number equal to 15 percent of the total number of officers that may be serving on active duty in those grades in the Army, Navy, Air Force, and Marine Corps’’ and inserting ‘‘5’’. Timep e r i ods.
