
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC721]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
   CHAPTER 41--SPECIAL APPOINTMENTS, ASSIGNMENTS, DETAILS, AND DUTIES
 
Sec. 721. General and flag officers: limitation on appointments, 
        assignments, details, and duties outside an officer's own 
        service
        
    (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 officer's 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) of this title.

    (c) External Positions.--For purposes of this section, the following 
positions shall be considered to be external to an officer's 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.--(1) If an 
officer described in subsection (b) simultaneously holds both a position 
external to that officer's armed force and another position not external 
to that officer's armed force, the Secretary of Defense shall determine 
whether that officer shall be counted for the purposes of this section.
    (2) The Secretary of Defense shall submit to Congress an annual 
report on the number of officers to whom paragraph (1) was applicable 
during the year covered by the report. The report shall set forth the 
determination made by the Secretary under that paragraph in each such 
case.
    (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.

(Added Pub. L. 105-85, div. A, title V, Sec. 501(a), Nov. 18, 1997, 111 
Stat. 1723.)
