(a) Limitation.—
An officer described in subsection (b) may not be appointed, assigned, or detailed for a period in excess of 180 days to a position external to that officers armed force if, immediately following such appointment, assignment, or detail, the number of officers described in subsection (b) serving in positions external to such officers armed force would be in excess of 26.5 percent of the total number of the officers described in subsection (b).
(b) Covered Officers.— The officers covered by subsection (a), and to be counted for the purposes of the limitation in that subsection, are the following:
(1) Any general or flag officer counted for purposes of section
526 (a) of this title.
(2) Any general or flag officer serving in a joint duty assignment position designated by the Chairman of the Joint Chiefs of Staff under section
526 (b) of this title.
(3) Any colonel or Navy captain counted for purposes of section
777 (d)(1)1 of this title.
(c) External Positions.— For purposes of this section, the following positions shall be considered to be external to an officers armed force:
(1) Any position (including a position in joint education) that is a joint duty assignment for purposes of chapter
38 of this title.
(2) Any position in the Office of the Secretary of Defense, a Defense Agency, or a Department of Defense Field Activity.
(3) Any position in the Joint Chiefs of Staff, the Joint Staff, or the headquarters of a combatant command (as defined in chapter
6 of this title).
(4) Any position in the National Guard Bureau.
(5) Any position outside the Department of Defense, including any position in the headquarters of the North Atlantic Treaty Organization or any other international military command, any combined or multinational command, or military mission.
(d) Treatment of Officers Holding Multiple Positions.—
If an officer described in subsection (b) simultaneously holds both a position external to that officers armed force and another position not external to that officers armed force, the Secretary of Defense shall determine whether that officer shall be counted for the purposes of this section.
(e) Assignments, Etc., for Periods in Excess of 180 Days.For purposes of this section, the appointment, assignment, or detail of an officer to a position shall be considered to be for a period in excess of 180 days unless the appointment, assignment, or detail specifies that it is made for a period of 180 days or less.
(f) Waiver During Period of War or National Emergency.—
The President may suspend the operation of this section during any period of war or of national emergency declared by Congress or the President.
