Collapse to view only [§ 524. Renumbered § 12011]
- § 521. Authority to prescribe total strengths of officers on active duty and officer strengths in various categories
- [§ 522. Repealed.
- § 523. Authorized strengths: commissioned officers on active duty in grades of major, lieutenant colonel, and colonel and Navy grades of lieutenant commander, commander, and captain
- [§ 524. Renumbered § 12011]
- § 525. Distribution of commissioned officers on active duty in general officer and flag officer grades
- § 526. Authorized strength: general officers and flag officers on active duty
- [§ 526a. Renumbered § 526]
- § 527. Authority to suspend sections 523, 525, and 526
- § 528. Officers serving in certain intelligence positions: military status; application of distribution and strength limitations; pay and allowances
§ 521. Authority to prescribe total strengths of officers on active duty and officer strengths in various categories
(a) Whenever the needs of the services require, but at least once each fiscal year, the Secretary of Defense shall prescribe the total authorized active-duty strength as of the end of the fiscal year for officers in grades above chief warrant officer, W–5, for each of the armed forces under the jurisdiction of the Secretary of a military department.
(b) Under regulations prescribed by the Secretary of Defense, the Secretary of each military department may, for an armed force under his jurisdiction, prescribe the strength of any category of officers that may serve on active duty.
(Added Pub. L. 96–513, title I, § 103, Dec. 12, 1980, 94 Stat. 2841; amended Pub. L. 102–190, div. A, title XI, § 1131(1)(A), Dec. 5, 1991, 105 Stat. 1505.)
[§ 522. Repealed. Pub. L. 108–375, div. A, title V, § 501(b)(1), Oct. 28, 2004, 118 Stat. 1873]
§ 523. Authorized strengths: commissioned officers on active duty in grades of major, lieutenant colonel, and colonel and Navy grades of lieutenant commander, commander, and captain
(a)
(1) Except as provided in subsection (c), of the total number of commissioned officers serving on active duty in the Army, Air Force, or Marine Corps at the end of any fiscal year (excluding officers in categories specified in subsection (b)), the number of officers who may be serving on active duty in each of the grades of major, lieutenant colonel, and colonel may not, as of the end of such fiscal year, exceed a number determined in accordance with the following table:
Total number of commissioned officers (excluding officers in categories specified in subsection (b)) on active duty: | Number of officers who may be serving on active duty in grade of: | Major | Lieutenant Colonel | Colonel | Army: | 20,000 | 7,768 | 5,253 | 1,613 | 25,000 | 8,689 | 5,642 |
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(2) Except as provided in subsection (c), of the total number of commissioned officers serving on active duty in the Navy at the end of any fiscal year (excluding officers in categories specified in subsection (b)), the number of officers who may be serving on active duty in each of the grades of lieutenant commander, commander, and captain may not, as of the end of such fiscal year, exceed a number determined in accordance with the following table:
Total number of commissioned officers (excluding officers in categories specified in subsection (b)) on active duty: | Number of officers who may be serving on active duty in grade of: | Lieutenant Commander | Commander | Captain | Navy: | 30,000 | 7,698 | 5,269 | 2,222 | 33,000 | 8,189 | 5,501 | 2,334 | 36,000 | 8,680 | 5,733 | 2,447 | 39,000 | 9,172 | 5,965 | 2,559 | 42,000 | 9,663 | 6,197 | 2,671 | 45,000 | 10,155 | 6,429 | 2,784 | 48,000 | 10,646 | 6,660 | 2,896 | 51,000 | 11,136 | 6,889 | 3,007 | 54,000 | 11,628 | 7,121 | 3,120 | 57,000 | 12,118 | 7,352 | 3,232 | 60,000 | 12,609 | 7,583 | 3,344 | 63,000 | 13,100 | 7,813 | 3,457 | 66,000 | 13,591 | 8,044 | 3,568 | 70,000 | 14,245 | 8,352 | 3,718 | 90,000 | 17,517 | 9,890 | 4,467. |
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(3) If the total number of commissioned officers serving on active duty in an armed force (excluding officers in categories specified in subsection (b)) is between any two consecutive figures listed in the first column of the appropriate table in paragraph (1) or (2), the corresponding authorized strengths for each of the grades shown in that table for that armed force are determined by mathematical interpolation between the respective numbers of the two strengths. If the total number of commissioned officers serving on active duty in an armed force (excluding officers in categories specified in subsection (b)) is greater or less than the figures listed in the first column of the appropriate table in paragraph (1) or (2), the Secretary concerned shall fix the corresponding strengths for the grades shown in that table in the same proportion as reflected in the nearest limit shown in the table.
(b) Officers in the following categories shall be excluded in computing and determining authorized strengths under this section:
(1) Reserve officers—
(A) on active duty as authorized under section 115(a)(1)(B) or 115(b)(1) of this title, or excluded from counting for active duty end strengths under section 115(i) of this title;
(B) on active duty under section 10211, 10302 through 10305, or 12402 of this title or under section 708 of title 32; or
(C) on full-time National Guard duty.
(2) General and flag officers.
(3) Medical officers.
(4) Dental officers.
(5) Warrant officers.
(6) Retired officers on active duty under a call or order to active duty for 180 days or less.
(7) Retired officers on active duty under section 10(b)(2) of the Military Selective Service Act (50 U.S.C. 3809(b)(2)) for the administration of the Selective Service System.
(8) Permanent professors of the United States Military Academy and the United States Air Force Academy and professors of the United States Naval Academy who are career military professors (as defined in regulations prescribed by the Secretary of the Navy), but not to exceed 50 from any such academy.
(9) Officers who are Senior Military Acquisition Advisors under section 1725 of this title, but not to exceed 15.
(c) Whenever the number of officers serving in any grade is less than the number authorized for that grade under this section, the difference between the two numbers may be applied to increase the number authorized under this section for any lower grade.
(d) An officer may not be reduced in grade, or have his pay or allowances reduced, because of a reduction in the number of commissioned officers authorized for his grade under this section.
(Added Pub. L. 96–513, title I, § 103, Dec. 12, 1980, 94 Stat. 2842; amended Pub. L. 98–525, title IV, § 414(a)(3), Oct. 19, 1984, 98 Stat. 2518; Pub. L. 99–145, title V, § 511(a), Nov. 8, 1985, 99 Stat. 623; Pub. L. 99–433, title V, § 531(a)(1), Oct. 1, 1986, 100 Stat. 1063; Pub. L. 102–190, div. A, title IV, § 431, Dec. 5, 1991, 105 Stat. 1354; Pub. L. 103–337, div. A, title XVI, § 1673(c)(3), Oct. 5, 1994, 108 Stat. 3014; Pub. L. 104–201, div. A, title IV, § 403(a), (b), Sept. 23, 1996, 110 Stat. 2504, 2505; Pub. L. 107–314, div. A, title IV, § 406, Dec. 2, 2002, 116 Stat. 2526; Pub. L. 108–375, div. A, title IV, §§ 404, 416(g), Oct. 28, 2004, 118 Stat. 1864, 1868; Pub. L. 109–364, div. A, title X, § 1071(g)(1)(B), Oct. 17, 2006, 120 Stat. 2402; Pub. L. 110–181, div. A, title IV, §§ 404, 405, Jan. 28, 2008, 122 Stat. 88; Pub. L. 112–81, div. A, title V, § 501, Dec. 31, 2011, 125 Stat. 1386; Pub. L. 114–328, div. A, title VIII, § 866(b), title X, § 1081(b)(1)(A)(iii), Dec. 23, 2016, 130 Stat. 2306, 2418; Pub. L. 117–263, div. A, title V, § 501, Dec. 23, 2022, 136 Stat. 2557.)
[§ 524. Renumbered § 12011]
§ 525. Distribution of commissioned officers on active duty in general officer and flag officer grades
(a) For purposes of the applicable limitation in section 526(a) of this title on general and flag officers on active duty, no appointment of an officer on the active duty list may be made—
(1) in the Army, if that appointment would result in more than—
(A) 8 officers in the grade of general;
(B) 46 officers in a grade above the grade of major general; or
(C) 90 officers in the grade of major general;
(2) in the Air Force, if that appointment would result in more than—
(A) 9 officers in the grade of general;
(B) 44 officers in a grade above the grade of major general; or
(C) 73 officers in the grade of major general;
(3) in the Navy, if that appointment would result in more than—
(A) 6 officers in the grade of admiral;
(B) 34 officers in a grade above the grade of rear admiral; or
(C) 49 officers in the grade of rear admiral;
(4) in the Marine Corps, if that appointment would result in more than—
(A) 2 officers in the grade of general;
(B) 17 officers in a grade above the grade of major general; or
(C) 22 officers in the grade of major general; and
(5) in the Space Force, if that appointment would result in more than—
(A) 2 officers in the grade of general;
(B) 7 officers in a grade above the grade of major general; or
(C) 6 officers in the grade of major general.
(b) The limitations of subsection (a) do not include the following:
(1) An officer released from a joint duty assignment, but only during the 60-day period beginning on the date the officer departs the joint duty assignment, except that the Secretary of Defense may authorize the Secretary of a military department to extend the 60-day period by an additional 120 days, but no more than three officers from each armed forces may be on active duty who are excluded under this paragraph.
(2) The number of officers required to serve in joint duty assignments as authorized by the Secretary of Defense under section 526(b) for each military service.
(c)
(1) Subject to paragraph (3), the President—
(A) may make appointments in the Army, Air Force, Marine Corps, and Space Force 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
(B) may make appointments in the Navy in the grades of vice admiral and admiral 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).
(2) For each appointment made under the authority of paragraph (1) in the Army, Air Force, Marine Corps, or Space Force in the grade of lieutenant general or general or in the Navy in the grade of vice admiral or admiral, the number of appointments that may be made in the equivalent grade in one of the other armed forces (other than the Coast Guard) shall be reduced by one. When such an appointment is made, the President shall specify the armed force in which the reduction required by this paragraph is to be made.
(3)
(A) The number of officers that may be serving on active duty in the grades of lieutenant general and vice admiral by reason of appointments made under the authority of paragraph (1) may not exceed 15.
(B) The number of officers that may be serving on active duty in the grades of general and admiral by reason of appointments made under the authority of paragraph (1) may not exceed 5.
(4) Upon the termination of the appointment of an officer in the grade of lieutenant general or vice admiral or general or admiral that was made in connection with an increase under paragraph (1) in the number of officers that may be serving on active duty in that armed force in that grade, the reduction made under paragraph (2) in the number of appointments permitted in such grade in another armed force by reason of that increase shall no longer be in effect.
(d) An officer continuing to hold the grade of general or admiral under section 601(b)(5) of this title after relief from the position of Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, Commandant of the Marine Corps, or Chief of Space Operations shall not be counted for purposes of this section.
(e) The following officers shall not be counted for purposes of this section:
(1) An officer of that armed force in the grade of brigadier general or above or, in the case of the Navy, in the grade of rear admiral (lower half) or above, who is on leave pending the retirement, separation, or release of that officer from active duty, but only during the 60-day period beginning on the date of the commencement of such leave of such officer.
(2) At the discretion of the Secretary of Defense, an officer of that armed force who has been relieved from a position designated under section 601(a) of this title or by law to carry one of the grades specified in such section, but only during the 60-day period beginning on the date on which the assignment of the officer to the first position is terminated or until the officer is assigned to a second such position, whichever occurs first.
(f) An officer while serving as Attending Physician to the Congress is in addition to the number that would otherwise be permitted for that officer’s armed force for officers serving on active duty in grades above brigadier general or rear admiral (lower half) under subsection (a).
(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 in excess 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 are not serving in a position that is a joint duty assignment for purposes of chapter 38 of this title may not exceed 5 per component, unless authorized by the Secretary of Defense.
(2) Not later than 30 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 Armed Services of the Senate and the House of Representatives of such authorization, and shall include with such notice a statement of the reason for such authorization.
(Added Pub. L. 96–513, title I, § 103, Dec. 12, 1980, 94 Stat. 2844; amended Pub. L. 97–86, title IV, § 405(b)(1), Dec. 1, 1981, 95 Stat. 1105; Pub. L. 99–145, title V, § 514(b)(1), Nov. 8, 1985, 99 Stat. 628; Pub. L. 99–433, title II, § 202(a), Oct. 1, 1986, 100 Stat. 1010; Pub. L. 100–180, div. A, title V, § 511(a), Dec. 4, 1987, 101 Stat. 1088; Pub. L. 101–510, div. A, title IV, § 405, Nov. 5, 1990, 104 Stat. 1546; Pub. L. 103–337, div. A, title IV, § 405(a), Oct. 5, 1994, 108 Stat. 2744; Pub. L. 104–106, div. A, title IV, § 403(a), Feb. 10, 1996, 110 Stat. 286; Pub. L. 104–201, div. A, title IV, § 404(b), Sept. 23, 1996, 110 Stat. 2506; Pub. L. 105–261, div. A, title IV, §§ 404, 406, Oct. 17, 1998, 112 Stat. 1996; Pub. L. 106–65, div. A, title V, §§ 509(b), (c), 532(b), Oct. 5, 1999, 113 Stat. 592, 604; Pub. L. 106–398, § 1 [[div. A], title V, § 507(g)], Oct. 30, 2000, 114 Stat. 1654, 1654A–105; Pub. L. 107–314, div. A, title IV, §§ 404(a), (b), 405(b), Dec. 2, 2002, 116 Stat. 2525, 2526; Pub. L. 108–136, div. A, title V, § 504(b), Nov. 24, 2003, 117 Stat. 1456; Pub. L. 109–163, div. A, title V, § 503(a), Jan. 6, 2006, 119 Stat. 3226; Pub. L. 109–364, div. A, title V, § 507(b), Oct. 17, 2006, 120 Stat. 2180; Pub. L. 110–181, div. A, title V, §§ 501(b), 543(d), Jan. 28, 2008, 122 Stat. 94, 115; Pub. L. 110–417, [div. A], title V, §§ 503(d), 504(b), Oct. 14, 2008, 122 Stat. 4433, 4434; Pub. L. 111–84, div. A, title V, § 502(b)–(d), Oct. 28, 2009, 123 Stat. 2273–2275; Pub. L. 111–383, div. A, title X, § 1075(b)(12), (d)(2), Jan. 7, 2011, 124 Stat. 4369, 4372; Pub. L. 112–81, div. A, title V, §§ 502(a)(1), (b)(2), 511(a)(3), Dec. 31, 2011, 125 Stat. 1386, 1387, 1391; Pub. L. 114–328, div. A, title V, § 503(a), Dec. 23, 2016, 130 Stat. 2107; Pub. L. 116–283, div. A, title V, § 501(c)(1), Jan. 1, 2021, 134 Stat. 3563; Pub. L. 117–263, div. A, title V, §§ 502, 503, Dec. 23, 2022, 136 Stat. 2557, 2558.)
§ 526. Authorized strength: general officers and flag officers on active duty
(a)Limitations.—The number of general officers on active duty in the Army, Air Force, Marine Corps, and Space Force, and the number of flag officers on active duty in the Navy, may not exceed the number specified for the armed force concerned as follows:
(1) For the Army, 219.
(2) For the Navy, 150.
(3) For the Air Force, 171.
(4) For the Marine Corps, 64.
(5) For the Space Force, 21.
(b)Limited Exclusion for Joint Duty Requirements.—
(1)In general.—The Secretary of Defense may designate up to 232 general officer and flag officer positions that are joint duty assignments for purposes of chapter 38 of this title for exclusion from the limitations in subsection (a).
(2)Minimum number.—Unless the Secretary of Defense determines that a lower number is in the best interest of the Department of Defense, the minimum number of officers serving in positions designated under paragraph (1) for each armed force shall be as follows:
(A) For the Army, 75.
(B) For the Navy, 53.
(C) For the Air Force, 68.
(D) For the Marine Corps, 17.
(E) For the Space Force, 6.
(c)Exclusion of Certain Officers of Reserve Components.—The limitations of this section do not apply to the following:
(1) A general or flag officer of a reserve component who is on active duty—
(A) for training; or
(B) under a call or order specifying a period of less than 180 days.
(2)
(A) A general or flag officer of a reserve component who is authorized by the Secretary of the military department concerned to serve on active duty for a period of at least 180 days and not longer than 365 days.
(B) The Secretary of the military department concerned may authorize a number, determined under subparagraph (C), of officers in the reserve component of each armed force under the jurisdiction of that Secretary to serve as described in subparagraph (A).
(C) Each number described in subparagraph (B) may not exceed 10 percent of the number of general or flag officers, as the case may be, authorized to serve in the armed force concerned under section 12004 of this title. In determining a number under this subparagraph, any fraction shall be rounded down to the next whole number that is greater than zero.
(3)
(A) A general or flag officer of a reserve component who is on active duty for a period longer than 365 days and not longer than three years.
(B) The number of officers described in subparagraph (A) who do not serve in a position that is a joint duty assignment for purposes of chapter 38 of this title may not exceed five per armed force, unless authorized by the Secretary of Defense.
(d)Exclusion of Certain Officers Pending Separation or Retirement or Between Senior Positions.—The limitations of this section do not apply to—
(1) an officer of an armed force in the grade of brigadier general or above or, in the case of the Navy, in the grade of rear admiral (lower half) or above, who is on leave pending the retirement, separation, or release of that officer from active duty, but only during the 60-day period beginning on the date of the commencement of such leave of such officer; or
(2) an officer of an armed force who has been relieved from a position designated under section 601(a) of this title or by law to carry one of the grades specified in such section, but only during the 60-day period beginning on the date on which the assignment of the officer to the first position is terminated or until the officer is assigned to a second such position, whichever occurs first.
(e)Temporary Exclusion for Assignment to Certain Temporary Billets.—
(1)In general.—The limitations in subsection (a) do not apply to a general officer or flag officer assigned to a temporary joint duty assignment designated by the Secretary of Defense.
(2)Duration of exclusion.—A general officer or flag officer assigned to a temporary joint duty assignment as described in paragraph (1) may not be excluded under this subsection from the limitations in subsection (a) for a period of longer than one year.
(f)Exclusion of Officers Departing From Joint Duty Assignments.—The limitations in subsection (a) do not apply to an officer released from a joint duty assignment, but only during the 60-day period beginning on the date the officer departs the joint duty assignment. The Secretary of Defense may authorize the Secretary of a military department to extend the 60-day period by an additional 120 days, except that not more than three officers on active duty from each armed force may be covered by the additional extension at the same time.
(g)Active-Duty Baseline.—
(1)Notice and wait requirements.—If the Secretary of a military department proposes an action that would increase above the baseline the number of general officers or flag officers of an armed force under the jurisdiction of that Secretary who would be on active duty and would count against the statutory limit applicable to that armed force under subsection (a), the action shall not take effect until after the end of the 60-calendar day period beginning on the date on which the Secretary provides notice of the proposed action, including the rationale for the action, to the Committees on Armed Services of the Senate and the House of Representatives.
(2)Baseline defined.—In paragraph (1), the term “baseline” for an armed force means the lower of—
(A) the statutory limit of general officers or flag officers of that armed force under subsection (a); or
(B) the actual number of general officers or flag officers of that armed force who, as of January 1, 2023, counted toward the statutory limit of general officers or flag officers of that armed force under subsection (a).
(h)Joint Duty Assignment Baseline.—
(1)Notice and wait requirement.—If the Secretary of Defense, the Secretary of a military department, or the Chairman of the Joint Chiefs of Staff proposes an action that would increase above the baseline the number of general officers and flag officers of the armed forces in joint duty assignments who count against the statutory limit under subsection (b)(1), the action shall not take effect until after the end of the 60-calendar day period beginning on the date on which such Secretary or the Chairman, as the case may be, provides notice of the proposed action, including the rationale for the action, to the Committees on Armed Services of the Senate and the House of Representatives.
(2)Baseline defined.—In paragraph (1), the term “baseline” means the lower of—
(A) the statutory limit on general officer and flag officer positions that are joint duty assignments under subsection (b)(1); or
(B) the actual number of general officers and flag officers who, as of January 1, 2023, were in joint duty assignments counted toward the statutory limit under subsection (b)(1).
(i)Annual Report.—Not later than March 1 each year, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report specifying the following:
(1) The numbers of general officers and flag officers who, as of January 1 of the calendar year in which the report is submitted, counted toward the service-specific limits of subsection (a).
(2) The number of general officers and flag officers in joint duty assignments who, as of such January 1, counted toward the statutory limit under subsection (b)(1).
(j)Transfer of Authorizations Among the Military Services.—
(1) The Secretary of Defense may increase the maximum number of brigadier generals or major generals in the Army, Air Force, Marine Corps, or Space Force, or rear admirals (lower half) or rear admirals in the Navy, allowed under subsection (a) and section 525 of this title and the President may appoint officers in the equivalent grades equal to the number increased by the Secretary of Defense if each appointment is made in conjunction with an offsetting reduction under paragraph (2).
(2) For each increase and appointment made under the authority of paragraph (1) in the Army, Navy, Air Force, Marine Corps, or Space Force, the number of appointments that may be made in the equivalent grade in one of the other armed forces (other than the Coast Guard) shall be reduced by one. When such an increase and appointment is made, the Secretary of Defense shall specify the armed force in which the reduction required by this paragraph is to be made.
(3) The total number of general officers and flag officers increased under paragraph (1), combined with the total number of general officers and flag officers increased under section 526(k)(1) of this title, may not exceed 15 at any one time.
(4) The Secretary may not increase the maximum number of general officers or flag officers under paragraph (1) until the date that is 30 days after the date on which the Secretary provides, to the Committees on Armed Services of the Senate and the House of Representatives, written notice of—
(A) such increase; and
(B) each offsetting reduction under paragraph (2), specifying the armed force and billet so reduced.
(Added Pub. L. 114–328, div. A, title V, § 501(h)(1), Dec. 23, 2016, 130 Stat. 2100, § 526a; amended Pub. L. 116–283, div. A, title V, § 501(a), Jan. 1, 2021, 134 Stat. 3562;
[§ 526a. Renumbered § 526]
§ 527. Authority to suspend sections 523, 525, and 526
In time of war, or of national emergency declared by Congress or the President after November 30, 1980, the President may suspend the operation of any provision of section 523, 525, or 526 of this title. So long as such war or national emergency continues, any such suspension may be extended by the President. Any such suspension shall, if not sooner ended, end on the last day of the two-year period beginning on the date on which the suspension (or the last extension thereof) takes effect or on the last day of the one-year period beginning on the date of the termination of the war or national emergency, whichever occurs first. With respect to the end of any such suspension, the preceding sentence supersedes the provisions of title II of the National Emergencies Act (50 U.S.C. 1621–1622) which provide that powers or authorities exercised by reason of a national emergency shall cease to be exercised after the date of the termination of the emergency.
(Added Pub. L. 96–513, title I, § 103, Dec. 12, 1980, 94 Stat. 2845, § 526; renumbered § 527 and amended Pub. L. 100–370, § 1(b)(1)(A), (2), July 19, 1988, 102 Stat. 840; Pub. L. 103–337, div. A, title XVI, § 1671(c)(4), Oct. 5, 1994, 108 Stat. 3014.)
§ 528. Officers serving in certain intelligence positions: military status; application of distribution and strength limitations; pay and allowances
(a)Military Status.—An officer of the armed forces, while serving in a position covered by this section—
(1) shall not be subject to supervision or control by the Secretary of Defense or any other officer or employee of the Department of Defense, except as directed by the Secretary of Defense concerning reassignment from such position; and
(2) may not exercise, by reason of the officer’s status as an officer, any supervision or control with respect to any of the military or civilian personnel of the Department of Defense except as otherwise authorized by law.
(b)Director and Deputy Director of CIA.—When the position of Director or Deputy Director of the Central Intelligence Agency is held by an officer of the armed forces, the position, so long as the officer serves in the position, shall be designated, pursuant to subsection (b) of section 526 of this title, as one of the general officer and flag officer positions to be excluded from the limitations in subsection (a) of such section.
(c)Associate Director of Military Affairs, CIA.—When the position of Associate Director of Military Affairs, Central Intelligence Agency, or any successor position, is held by an officer of the armed forces, the position, so long as the officer serves in the position, shall be designated, pursuant to subsection (b) of section 526 of this title, as one of the general officer and flag officer positions to be excluded from the limitations in subsection (a) of such section.
(d)Officers Serving in Office of DNI.—When a position in the Office of the Director of National Intelligence designated by agreement between the Secretary of Defense and the Director of National Intelligence is held by a general officer or flag officer of the armed forces, the position, so long as the officer serves in the position, shall be designated, pursuant to subsection (b) of section 526 of this title, as one of the general officer and flag officer positions to be excluded from the limitations in subsection (a) of such section. However, not more than five of such positions may be included among the excluded positions at any time.
(e)Effect of Appointment.—Except as provided in subsection (a), the appointment or assignment of an officer of the armed forces to a position covered by this section shall not affect—
(1) the status, position, rank, or grade of such officer in the armed forces; or
(2) any emolument, perquisite, right, privilege, or benefit incident to or arising out of such status, position, rank, or grade.
(f)Military Pay and Allowances.—
(1) An officer of the armed forces on active duty who is appointed or assigned to a position covered by this section shall, while serving in such position and while remaining on active duty, continue to receive military pay and allowances and shall not receive the pay prescribed for such position.
(2) Funds from which pay and allowances under paragraph (1) are paid to an officer while so serving shall be reimbursed as follows:
(A) For an officer serving in a position within the Central Intelligence Agency, such reimbursement shall be made from funds available to the Director of the Central Intelligence Agency.
(B) For an officer serving in a position within the Office of the Director of National Intelligence, such reimbursement shall be made from funds available to the Director of National Intelligence.
(g)Covered Positions.—The positions covered by this section are the positions specified in subsections (b) and (c) and the positions designated under subsection (d).
(Added Pub. L. 108–136, div. A, title V, § 507(a), Nov. 24, 2003, 117 Stat. 1458; amended Pub. L. 109–163, div. A, title V, § 507(a), Jan. 6, 2006, 119 Stat. 3228; Pub. L. 109–364, div. A, title V, § 501(a), (b)(1), Oct. 17, 2006, 120 Stat. 2175, 2176; Pub. L. 110–417, [div. A], title IX, § 933, Oct. 14, 2008, 122 Stat. 4576; Pub. L. 111–259, title VIII, § 803, Oct. 7, 2010, 124 Stat. 2746; Pub. L. 112–81, div. A, title V, § 502(d)(1), (2)(A), Dec. 31, 2011, 125 Stat. 1387, 1388.)