Page:United States Statutes at Large Volume 119.djvu/3244

 119 STAT. 3226

PUBLIC LAW 109–163—JAN. 6, 2006

‘‘(2) The period specified in this paragraph is the period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2006 and ending on December 31, 2008.’’. SEC. 503. EXCLUSION FROM ACTIVE-DUTY GENERAL AND FLAG OFFICER DISTRIBUTION AND STRENGTH LIMITATIONS OF OFFICERS ON LEAVE PENDING SEPARATION OR RETIREMENT OR BETWEEN SENIOR POSITIONS.

(a) DISTRIBUTION LIMITATIONS.—Section 525 of title 10, United States Code, is amended by adding at the end the following new subsection: ‘‘(e) In determining the total number of general officers or flag officers of an armed force on active duty for purposes of this section, the following officers shall not be counted: ‘‘(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) An officer of that armed force who has been relieved from a position designated under section 601(a) of this title and is under orders to assume another such position, but only during the 60-day period beginning on the date on which those orders are published.’’. (b) ACTIVE-DUTY STRENGTH LIMITATIONS.— (1) IN GENERAL.—Section 526 of such title is amended by adding at the end the following new subsection: ‘‘(e) EXCLUSION OF CERTAIN OFFICERS PENDING SEPARATION OR RETIREMENT OR BETWEEN SENIOR POSITIONS.—The limitations of this section do not apply to a general or flag officer who is covered by an exclusion under section 525(e) of this title.’’. (2) CONFORMING AMENDMENT.—The heading of subsection (d) of such section is amended by striking ‘‘CERTAIN OFFICERS’’ and inserting ‘‘CERTAIN RESERVE OFFICERS’’. (c) PROHIBITION OF FROCKING TO GRADES ABOVE MAJOR GENERAL AND REAR ADMIRAL.—Section 777(a) of such title is amended by inserting ‘‘in a grade below the grade of major general or, in the case of the Navy, rear admiral,’’ after ‘‘An officer’’ in the first sentence. SEC. 504. CONSOLIDATION OF GRADE LIMITATIONS ON OFFICER ASSIGNMENT AND INSIGNIA PRACTICE KNOWN AS FROCKING.

Section 777(d) of title 10, United States Code, is amended— (1) in paragraph (1)— (A) by striking ‘‘brigadier generals and Navy rear admirals (lower half)’’ and inserting ‘‘colonels, Navy captains, brigadier generals, and rear admirals (lower half)’’; and (B) by striking ‘‘the grade of’’ and all that follows through ‘‘30’’ and inserting ‘‘the next higher grade may not exceed 85’’; (2) by striking paragraph (2); and (3) by redesignating paragraph (3) as paragraph (2).

VerDate 14-DEC-2004

07:21 Oct 30, 2006

Jkt 039194

PO 00003

Frm 00694

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL003.119

APPS06

PsN: PUBL003

�