123STA T . 22 75PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9(d)OTHERDIS TRI BU TI ONCLA RI F I C ATIONS .—Suchse c tion is f u r- ther am ended— ( 1 )insu b section (e) , b y stri k in g‘ ‘ I n determining the tota l number of general officers or flag officers of an armed force on acti v e duty for p urposes of this section, the follo w ing officers shall not be counted
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’ in the matter preceding paragraph (1) and inserting ‘‘ T he following officers shall not be counted for purposes of this section:’’
and ( 2 ) by adding at the end the following new subsection: ‘‘(g)(1) The limitations of this section do not apply to a reserve component general or flag officer who is on active duty for a period ine x cess of 365 days, but not to exceed three years, except that the number of officers from each reserve component who are covered by this subsection and is not serving in a position that is a j oint duty assignment for purposes of chapter 3 8 of this title may not exceed 5 per component, unless authori z ed by the Secretary of Defense ‘‘(2) The exception in paragraph (1) does apply to the position of Chief of the N ational G uard B ureau. ‘‘(3) Not later than 3 0 days after authorizing a number of reserve component general or flag officers in excess of the number specified in paragraph (1), the Secretary of Defense shall notify the Committees on A rmed Services of the Senate and the H ouse of R epresentatives of such authorization, and shall include with such notice a statement of the reason for such authorization.’’. (e) CHAN G E TO AUTHORI Z E D STRENGTHS.—Subsection (a) of sec- tion 526 of such title is amended— (1) in paragraph (1), by striking ‘‘30 7 ’’ and inserting ‘‘230’’; (2) in paragraph (2), by striking ‘‘216’’ and inserting ‘‘160’’; (3) in paragraph (3), by striking ‘‘27 9 ’’ and inserting ‘‘208’’; and ( 4 ) in paragraph (4), by striking ‘‘81’’ and inserting ‘‘60’’. (f) CHANGES TO L I M ITED EX CLUSION FOR J OINT DUT Y RE Q UIRE- MENTS.—Subsection (b) of such section is amended— (1) in paragraph (1)— (A) by striking ‘‘Chairman of the Joint Chiefs of Staff’’ and inserting ‘‘Secretary of Defense’’; (B) by striking ‘‘65’’ and inserting ‘‘324’’; and (C) by striking the second sentence and inserting the following new sentence: ‘‘The Secretary of Defense shall allocate those 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) by redesignating paragraph (2) as paragraph (5); and (3) by inserting after paragraph (1) the following new para- graphs: ‘‘(2) U nless the Secretary of Defense determines that a lower number is in the best interest of the Department, the minimum number of officers serving in positions designated under paragraph (1) for each armed force shall be as follows: ‘‘(A) F or the Army, 85. ‘‘(B) For the Navy, 61. ‘‘(C) For the Air Force, 76. ‘‘(D) For the M arine Corps, 21. ‘‘(3) The number excluded under paragraph (1) and serving in positions designated under that paragraph— Deadlin e .Not i f i c ation. Ap plica b ilit y .
