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Dod General Officer Assignments 2011 Calendar

Historical and Revision Notes

Section is based on Pub. L. 95–79, title VIII, § 811(a), July 30, 1977, 91 Stat. 335, as amended by Pub. L. 96–107, title VIII, § 817, Nov. 9, 1979, 93 Stat. 818; Pub. L. 96–342, title X, § 1003, Sept. 8, 1980, 94 Stat. 1120; Pub. L. 97–86, title VI, § 602, Dec. 1, 1981, 95 Stat. 1110.

Present law (section 811(a) of Public Law 95–79, as amended) provides that the authority to suspend the limitation on the number of general and flag officers who may be serving on active duty applies during war or national emergency. In codifying the limitation (in section 526 of title 10 as proposed to be added by section 1(b) of the bill), the committee determined that the same war and emergency waiver authority as applies to other limitations on the number of officers on active duty under the existing 10 U.S.C. 526 (redesignated as 10 U.S.C. 527 by the bill) should apply with respect to this limitation and accordingly amended the suspension authority in present law to include the codified general and flag officer limitation. This authority is slightly different from the waiver authority in the source law in that the suspension would expire 2 years after it takes effect or 1 year after the end of the war or national emergency, whichever occurs first, rather than upon termination of the war or emergency.

Amendments

2016—Subsec. (a)(4). Pub. L. 114–328, § 503(b), substituted “62” for “61”.

Subsec. (k). Pub. L. 114–328, § 501(h)(2), added subsec. (k).

2013—Subsec. (a)(2). Pub. L. 112–239 substituted “162” for “160”.

Subsecs. (c) to (g). Pub. L. 113–66, § 501(a)(1), redesignated subsecs. (d) to (h) as (c) to (g), respectively.

Subsecs. (h), (i). Pub. L. 113–66, § 501(a)(2), added subsecs. (h) and (i). Former subsec. (h) redesignated (g).

Subsec. (j). Pub. L. 113–66, § 501(b)(2), added subsec. (j).

2011—Subsec. (a)(1). Pub. L. 112–81, § 502(b)(1)(A)(i), substituted “231” for “230”.

Subsec. (a)(2). Pub. L. 112—81, § 502(b)(1)(A)(ii), which directed substitution of “161” for “160”, could not be executed because of the intervening amendment by Pub. L. 112—239. See 2013 Amendment note above.

Subsec. (a)(3). Pub. L. 112–81, § 502(b)(1)(A)(iii), substituted “198” for “208”.

Subsec. (a)(4). Pub. L. 112–81, § 502(b)(1)(A)(iv), substituted “61” for “60”.

Subsec. (b)(1). Pub. L. 112–81, § 502(c)(1), substituted “310” for “324”.

Subsec. (b)(2)(C). Pub. L. 112–81, § 502(b)(1)(B), substituted “73” for “76”.

2009—Subsec. (a). Pub. L. 111–84, § 502(e), substituted “230” for “307” in par. (1), “160” for “216” in par. (2), “208” for “279” in par. (3), and “60” for “81” in par. (4).

Subsec. (b)(1). Pub. L. 111–84, § 502(f)(1), substituted “Secretary of Defense” for “Chairman of the Joint Chiefs of Staff”, “324” for “65”, and “The Secretary of Defense shall allocate those exclusions to the armed forces based on the number of general or flag officers required from each armed force for assignment to these designated positions.” for “Officers in positions so designated shall not be counted for the purposes of those limitations.”

Subsec. (b)(2) to (5). Pub. L. 111–84, § 502(f)(2), (3), added pars. (2) to (4) and redesignated former par. (2) as (5).

Subsec. (d)(3). Pub. L. 111–84, § 502(g)(1), added par. (3).

Subsecs. (g), (h). Pub. L. 111–84, § 502(g)(2), added subsecs. (g) and (h).

2008—Subsec. (a)(1). Pub. L. 110–417, § 503(a), substituted “307” for “302”.

Subsec. (a)(4). Pub. L. 110–417, § 503(b), substituted “81” for “80”.

Subsec. (b)(1). Pub. L. 110–417, § 503(c), substituted “65” for “12”.

Subsec. (b)(2)(A). Pub. L. 110–417, § 525, substituted “up to three general and flag officer positions” for “a general and flag officer position”.

Pub. L. 110–181, § 1824(c), substituted “15 general and flag officer positions in” for “10 general and flag officer positions on the staffs of the commanders of”.

Subsec. (d). Pub. L. 110–181, § 502, designated existing provisions as par. (1) and added par. (2).

2006—Subsec. (b)(2)(A). Pub. L. 109–163, § 510, inserted “, and a general and flag officer position on the Joint Staff,” after “combatant commands”.

Subsec. (b)(2)(C)(i). Pub. L. 109–163, § 515(b)(1)(C), substituted “Navy Reserve” for “Naval Reserve”.

Subsec. (d). Pub. L. 109–163, § 503(b)(2), substituted “Certain Reserve Officers” for “Certain Officers” in heading.

Subsec. (e). Pub. L. 109–163, § 503(b)(1), added subsec. (e).

Subsec. (f). Pub. L. 109–364 added subsec. (f).

2003—Subsec. (b)(3). Pub. L. 108–136 struck out par. (3) which read as follows: “This subsection shall cease to be effective on December 31, 2004.”

2002—Subsec. (b)(3). Pub. L. 107–314, § 405(c), substituted “December 31, 2004” for “October 1, 2002”.

Subsec. (c). Pub. L. 107–314, § 1041(a)(3), struck out heading and text of subsec. (c). Text read as follows:

“(1) Not later than 60 days before an action specified in paragraph (2) may become effective, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report providing notice of the intended action and an analytically based justification for the intended action.

“(2) Paragraph (1) applies in the case of the following actions:

“(A) A change in the grade authorized as of July 1, 1994, for a general officer position in the National Guard Bureau, a general or flag officer position in the Office of a Chief of a reserve component, or a general or flag officer position in the headquarters of a reserve component command.

“(B) Assignment of a reserve component officer to a general officer position in the National Guard Bureau, to a general or flag officer position in the Office of a Chief of a reserve component, or to a general or flag officer position in the headquarters of a reserve component command in a grade other than the grade authorized for that position as of July 1, 1994.

“(C) Assignment of an officer other than a general or flag officer as the military executive to the Reserve Forces Policy Board.”

1999—Subsec. (b)(2), (3). Pub. L. 106–65, § 553, added par. (2) and redesignated former par. (2) as (3).

Subsec. (c)(1). Pub. L. 106–65, § 1067(1), substituted “and the Committee on Armed Services” for “and the Committee on National Security”.

1998—Subsec. (b)(2). Pub. L. 105–261 substituted “October 1, 2002” for “October 1, 1998”.

1996—Subsec. (a)(1) to (3). Pub. L. 104–106, § 1503(a)(3)(A), added pars. (1) to (3) and struck out former pars. (1) to (3) which read as follows:

“(1) For the Army, 386 before October 1, 1995, and 302 on and after that date.

“(2) For the Navy, 250 before October 1, 1995, and 216 on and after that date.

“(3) For the Air Force, 326 before October 1, 1995, and 279 on and after that date.”

Subsec. (a)(4). Pub. L. 104–201 substituted “80” for “68”.

Subsec. (b). Pub. L. 104–106, § 1503(a)(3)(B)–(D), redesignated subsec. (c) as (b), struck out “that are applicable on and after October 1, 1995” after “limitations in subsection (a)”, and struck out former subsec. (b) which read as follows: “Transfers Between Services.—During the period before October 1, 1995, the Secretary of Defense may increase the number of general officers on active duty in the Army, Air Force, or Marine Corps, or the number of flag officers on active duty in the Navy, above the applicable number specified in subsection (a) by a total of not more than five. Whenever any such increase is made, the Secretary shall make a corresponding reduction in the number of such officers that may serve on active duty in general or flag officer grades in one of the other armed forces.”

Subsec. (c). Pub. L. 104–106, § 1503(a)(3)(C), (E), redesignated subsec. (d) as (c) and, in par. (2)(B), struck out “the” after “general officer position in the” and inserted “to” after “reserve component, or” and “than” after “in a grade other”. Former subsec. (c) redesignated (b).

Subsec. (d). Pub. L. 104–106, § 1503(a)(3)(C), redesignated subsec. (e) as (d). Former subsec. (d) redesignated (c).

Subsec. (d)(1). Pub. L. 104–106, § 1502(a)(1), substituted “Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives” for “Committees on Armed Services of the Senate and House of Representatives”.

Subsec. (e). Pub. L. 104–106, § 1503(a)(3)(C), redesignated subsec. (e) as (d).

1994—Subsec. (a)(4). Pub. L. 103–337, § 404, struck out “before October 1, 1995, and 61 on and after that date” after “Corps, 68”.

Subsecs. (d), (e). Pub. L. 103–337, § 512, added subsecs. (d) and (e).

1992—Subsec. (b). Pub. L. 102–484, § 403(b), inserted heading.

Subsec. (c). Pub. L. 102–484, § 403(a), added subsec. (c).

1990—Pub. L. 101–510 amended section generally. Prior to amendment, text read as follows: “The total number of general officers on active duty in the Army, Air Force, and Marine Corps and flag officers on active duty in the Navy may not exceed 1,073.”

Effective Date of 2013 Amendment

Pub. L. 113–66, div. A, title V, § 501(c), Dec. 26, 2013, 127 Stat. 749, provided that:

“The amendments made by this is [sic] section [amending this section] shall take effect on January 1, 2014.”

Effective Date of 2011 Amendment

Amendment by section 502(b)(1) of Pub. L. 112–81 effective Oct. 1, 2013, except amendment by section 502(b)(1)(A)(iv) effective Oct. 1, 2012, see section 502(b)(3) of Pub. L. 112–81, as amended, set out as a note under section 525 of this title.

Pub. L. 112–81, div. A, title V, § 502(c)(2), Dec. 31, 2011, 125 Stat. 1387, provided that:

“The amendment made by paragraph (1) [amending this section] shall take effect on January 1, 2012.”

Acquisition and Contracting Billets

Pub. L. 110–417, [div. A], title V, § 503(e), Oct. 14, 2008, 122 Stat. 4434, provided that:

“(1)Reservation of army increase.—

The increase in the number of general officers on active duty in the Army, as authorized by the amendment made by subsection (a) [amending this section] is reserved for general officers in the Army who serve in an acquisition position.

“(2)Reservation of portion of increase in joint duty assignments excluded from limitation.—

Of the increase in the number of general officer and flag officer joint duty assignments that may be designated for exclusion from the limitations on the number of general officers and flag officers on active duty, as authorized by the amendment made by subsection (c) [amending this section], five of the designated assignments are reserved for general officers or flag officers who serve in an acquisition position, including one assignment in the Defense Contract Management Agency.”

Military Biography

Lieutenant General William B. Caldwell, IV is the 21st President of Georgia Military College which he assumed upon retirement from the United States Army on November 1, 2013.

His last three assignments as a Lieutenant General were all command positions.  They included Commander of United States Army North (Fifth Army) from December 2011 to September 2013; Commander, North Atlantic Treaty Organization Training Mission-Afghanistan and Combined Security Transition Command-Afghanistan during OPERATION ENDURING FREEDOM from November 2009 to November 2011 and Commanding General of the US Army Combined Arms Center and Fort Leavenworth.

Other general officer assignments were as Deputy Chief of Staff for Strategic Effects and spokesperson for the Multi-National Force – Iraq during OPERATION IRAQI FREEDOM; Commanding General of the 82nd Airborne Division, that included commanding the federal response in New Orleans during Hurricanes Katrina and Rita; Senior Military Assistant to the Deputy Secretary of Defense; Deputy Director for Operations for the United States Pacific Command; and Assistant Division Commander, 25th Infantry Division.  He also served as Executive Assistant to the Chairman of the Joint Chiefs of Staff; a White House Fellow, the White House; Politico-Military Officer in Haiti during OPERATION RESTORE/UPHOLD DEMOCRACY; Brigade Operations Officer, 3rd Brigade, 82nd Airborne Division during OPERATIONS DESERT SHIELD and DESERT STORM; and Chief of Plans for the 82nd Airborne Division during OPERATION JUST CAUSE in Panama.

Lieutenant General Caldwell’s decorations include the Department of Homeland Security Distinguished Service Medal, Defense Distinguished Service Medal, Army Distinguished Service Medal (with Oak Leaf Cluster), the Defense Superior Service Medal (with two Oak Leaf Clusters), the Legion of Merit (with Oak Leaf Cluster), the Bronze Star Medal (with two Oak Leaf Clusters), Military Outstanding Volunteer Service Medal, Presidential Service Identification Badge, Office of the Secretary of Defense Identification Badge, Joint Chiefs of Staff Identification Badge, the Combat Infantryman Badge, Master Parachutist Badge, and Ranger Tab. Other awards include: the US Department of State Meritorious Honor Award Medal, the NATO Meritorious Service Medal (with Bronze Star), Ghazi Mir Bacha Khan Medal-Afghanistan, European Union Police Mission-Afghanistan Medal, and the Polish Armed Forces Gold Medal. He is also a member of the Council on Foreign Relations.

Lieutenant General Caldwell was commissioned as an Infantry Officer from the United States Military Academy at West Point in June 1976 with a Bachelor of Science in Engineering. He also earned Master’s Degrees from the United States Naval Postgraduate School and from the School for Advanced Military Studies at the United States Army Command and General Staff College. He also attended the John F. Kennedy School of Government, Harvard University, as a Senior Service College Fellow.

He and his wife, Stephanie, are both originally from Columbus, GA. They have five children.