US (United States) Code. Title 10. Subtitle A. Part II. Chapter 38: Joint officer management

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Armed Forces

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-CITE-

10 USC CHAPTER 38 - JOINT OFFICER MANAGEMENT 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 38 - JOINT OFFICER MANAGEMENT

.

-HEAD-

CHAPTER 38 - JOINT OFFICER MANAGEMENT

-MISC1-

Sec.

661. Management policies for joint specialty officers.

662. Promotion policy objectives for joint officers.

663. Education.

664. Length of joint duty assignments.

665. Procedures for monitoring careers of joint officers.

666. Reserve officers not on the active-duty list.

667. Annual report to Congress.

668. Definitions.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 526, 721, 2271 of this

title.

-CITE-

10 USC Sec. 661 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 38 - JOINT OFFICER MANAGEMENT

-HEAD-

Sec. 661. Management policies for joint specialty officers

-STATUTE-

(a) Establishment. - The Secretary of Defense shall establish

policies, procedures, and practices for the effective management of

officers of the Army, Navy, Air Force, and Marine Corps on the

active-duty list who are particularly trained in, and oriented

toward, joint matters (as defined in section 668 of this title).

Such officers shall be identified or designated (in addition to

their principal military occupational specialty) in such manner as

the Secretary of Defense directs. For purposes of this chapter,

officers to be managed by such policies, procedures, and practices

are referred to as having, or having been nominated for, the

''joint specialty''.

(b) Numbers and Selection. - (1) The number of officers with the

joint specialty shall be determined by the Secretary. Such number

shall be large enough to meet the requirements of subsection (d).

(2) Officers shall be selected for the joint specialty by the

Secretary of Defense with the advice of the Chairman of the Joint

Chiefs of Staff. Each officer on the active-duty list on December

28, 2001, who has not before that date been nominated for the joint

specialty by the Secretary of a military department, and each

officer who is placed on the active-duty list after such date, who

meets the requirements of subsection (c) shall automatically be

considered to have been nominated for the joint specialty. From

among those officers considered to be nominated for the joint

specialty, the Secretary may select for the joint specialty only

officers -

(A) who meet qualifications prescribed by the Secretary of

Defense; and

(B) who -

(i) are senior captains or, in the case of the Navy, senior

lieutenants; or

(ii) are serving in the grade of major or lieutenant

commander or a higher grade.

(3) The authority of the Secretary of Defense under paragraph (2)

to select officers for the joint specialty may be delegated only to

the Deputy Secretary of Defense.

(c) Education and Experience Requirements. - (1) An officer who

is nominated for the joint specialty may not be selected for the

joint specialty until the officer -

(A) successfully completes an appropriate program at a joint

professional military education school; and

(B) after completing such program of education, successfully

completes a full tour of duty in a joint duty assignment (as

described in section 664(f) of this title (other than in

paragraph (2) thereof)).

(2)(A) An officer (other than a general or flag officer) who has

a military occupational specialty that is a critical occupational

specialty involving combat operations (as designated by the

Secretary of Defense) and who is nominated for the joint specialty

may be selected for the joint specialty after successful completion

of a full tour of duty in a joint duty assignment (as described in

section 664(f)(2) of this title) and successful completion of a

program under paragraph (1)(A).

(B) The Secretary may not for the purposes of this paragraph

designate a military occupational specialty as a critical

occupational specialty involving combat operations unless that

occupational specialty is within the combat arms, in the case of

the Army, or the equivalent, in the case of the Navy, Air Force,

and Marine Corps. In determining for the purposes of this paragraph

what military occupational specialties within the combat arms (or

the equivalent) are critical, the Secretary shall designate as

critical any military occupational specialty experiencing severe

shortages of trained officers.

(3)(A) In the case of an officer who has completed both a program

of education referred to in paragraph (1)(A) and a full tour of

duty in a joint duty assignment (as described in section 664(f) of

this title (other than in paragraph (2) thereof)) and is

subsequently nominated for the joint specialty, the Secretary of

Defense may waive the requirement in paragraph (1)(B) that the tour

of duty in a joint duty assignment be performed after the officer

completes the program of education if the Secretary determines that

the waiver is necessary in the interests of sound personnel

management.

(B) In the case of an officer who has completed two full tours of

duty in a joint duty assignment (as described in section 664(f) of

this title) and is subsequently nominated for the joint specialty,

the Secretary may waive the requirement that the officer have

successfully completed a program of education referred to in

paragraph (1)(A) if the Secretary determines that -

(i) it would be impractical to require the officer to complete

such a program at the current stage of the officer's career; and

(ii) the types of joint duty assignments completed by the

officer have been of sufficient breadth to prepare the officer

adequately for the joint specialty.

(C) A waiver under subparagraph (A) or (B) may be made only under

unusual circumstances justifying deviation from the conditions

established in paragraph (1) for selection of an officer for the

joint specialty.

(D) The authority of the Secretary of Defense to grant a waiver

under this paragraph may be delegated only to the Deputy Secretary

of Defense. Such a waiver may be granted only on a case-by-case

basis in the case of an individual officer and in the case of a

general or flag officer only under exceptional circumstances in

which the waiver is necessary to meet a critical need of the armed

forces, as determined by the Chairman of the Joint Chiefs of Staff.

In the case of officers in grades below brigadier general and rear

admiral (lower half), the total number of waivers granted under

this paragraph for officers in the same pay grade during any fiscal

year may not exceed 10 percent of the total number of officers in

that pay grade selected for the joint specialty during that fiscal

year.

(E) There may not be more than 32 general and flag officers on

active duty at the same time who were selected for the joint

specialty while holding a general or flag officer grade and for

whom a waiver was granted under this paragraph.

(4) For purposes of this chapter, a school that is organized

within, and operated by, a military department may not be construed

to be a joint professional military education school.

(d) Number of Joint Duty Assignments. - (1) The Secretary of

Defense shall ensure that approximately one-half of the joint duty

assignment positions in grades above captain or, in the case of the

Navy, lieutenant are filled at any time by officers who -

(A) have the joint specialty; or

(B) have been nominated for the joint specialty and -

(i) have successfully completed a program of education

referred to in subsection (c)(1)(A); or

(ii) have a military occupational specialty that is

designated under subsection (c)(2)(A) as a critical

occupational specialty involving combat operations.

(2)(A) The Secretary shall designate not fewer than 800 joint

duty assignment positions as critical joint duty assignment

positions. Such designation shall be made by examining each joint

duty assignment position and designating under the preceding

sentence those positions for which, considering the duties and

responsibilities of the position, it is highly important that the

occupant be particularly trained in, and oriented toward, joint

matters.

(B) Each position designated by the Secretary under subparagraph

(A) may (subject to subparagraph (C)) be held only by an officer

who has the joint specialty.

(C) The Secretary of Defense may, on a case-by-case basis, waive

the requirement in subparagraph (B) with respect to a particular

assignment of an officer to a position designated as a critical

joint duty assignment position. The authority of the Secretary to

make such a waiver may be delegated only to the Chairman of the

Joint Chiefs of Staff.

(3)(A) The Secretary shall ensure that, of those joint duty

assignment positions that are filled by general or flag officers, a

substantial portion are among those positions that are designated

under paragraph (2) as critical joint duty assignment positions.

(B) The Secretary shall ensure that, of those positions

designated under paragraph (2) as critical joint duty assignment

positions, an appropriate portion are filled by officers with the

joint specialty who were selected for the joint specialty under

subsection (c)(2).

(4) Of the officers serving in joint duty assignment positions

covered by paragraph (1) who are described in subparagraph (A) or

(B) of that paragraph, not more than 25 percent at any time may be

officers described in subparagraph (B)(ii) of that paragraph.

(e) Career Guidelines. - The Secretary, with the advice of the

Chairman of the Joint Chiefs of Staff, shall establish career

guidelines for officers with the joint specialty. Such guidelines

shall include guidelines for -

(1) selection;

(2) military education;

(3) training;

(4) types of duty assignments; and

(5) such other matters as the Secretary considers appropriate.

(f) Treatment of Certain Service. - Any service by an officer in

the grade of captain or, in the case of the Navy, lieutenant in a

joint duty assignment shall be considered to be service in a joint

duty assignment for purposes of all laws (including section

619(e)(1) of this title) establishing a requirement or condition

with respect to an officer's service in a joint duty assignment.

-SOURCE-

(Added Pub. L. 99-433, title IV, Sec. 401(a), Oct. 1, 1986, 100

Stat. 1025; amended Pub. L. 100-180, div. A, title XIII, Sec.

1301-1302(b), Dec. 4, 1987, 101 Stat. 1168, 1169; Pub. L. 100-456,

div. A, title V, Sec. 511, 512(a), 517(a), 518, Sept. 29, 1988,

102 Stat. 1968, 1971; Pub. L. 101-189, div. A, title XI, Sec.

1113, 1122, Nov. 29, 1989, 103 Stat. 1554, 1556; Pub. L. 104-106,

div. A, title V, Sec. 501(a), (d), title XV, Sec. 1503(a)(6), Feb.

10, 1996, 110 Stat. 290, 292, 511; Pub. L. 107-107, div. A, title

V, Sec. 521(a), Dec. 28, 2001, 115 Stat. 1097; Pub. L. 107-314,

div. A, title V, Sec. 502(c), title X, Sec. 1062(a)(3), Dec. 2,

2002, 116 Stat. 2530, 2649.)

-MISC1-

AMENDMENTS

2002 - Subsec. (b)(2). Pub. L. 107-314, Sec. 1062(a)(3),

substituted ''December 28, 2001,'' for ''the date of the enactment

of the National Defense Authorization Act for Fiscal Year 2002''.

Subsec. (c)(3)(E). Pub. L. 107-314, Sec. 502(c), substituted

''paragraph'' for ''subparagraph''.

2001 - Subsec. (b)(2). Pub. L. 107-107, in introductory

provisions, substituted ''Each officer on the active-duty list on

the date of the enactment of the National Defense Authorization Act

for Fiscal Year 2002 who has not before that date been nominated

for the joint specialty by the Secretary of a military department,

and each officer who is placed on the active-duty list after such

date, who meets the requirements of subsection (c) shall

automatically be considered to have been nominated for the joint

specialty. From among those officers considered to be nominated

for the joint specialty, the Secretary may select for the joint

specialty only officers - '' for ''The Secretaries of the military

departments shall nominate officers for selection for the joint

specialty. Nominations shall be made from among officers - ''.

1996 - Subsec. (c)(3)(D). Pub. L. 104-106, Sec. 501(d)(1), in

third sentence, substituted ''In the case of officers in grades

below brigadier general and rear admiral (lower half), the total

number'' for ''The total number''.

Subsec. (c)(3)(E). Pub. L. 104-106, Sec. 501(d)(2), added subpar.

(E).

Subsec. (d)(2)(A). Pub. L. 104-106, Sec. 501(a), substituted

''800'' for ''1,000''.

Subsec. (d)(2)(B). Pub. L. 104-106, Sec. 1503(a)(6)(A),

substituted ''Each position designated by the Secretary under

subparagraph (A)'' for ''Until January 1, 1994, at least 80 percent

of the positions designated by the Secretary under subparagraph (A)

shall be held at all times by officers who have the joint

specialty. On and after January 1, 1994, each position so

designated''.

Subsec. (d)(2)(C). Pub. L. 104-106, Sec. 1503(a)(6)(B), struck

out ''the second sentence of'' after ''the requirement in''.

Subsec. (d)(2)(D). Pub. L. 104-106, Sec. 1503(a)(6)(C), struck

out subpar. (D) which read as follows: ''During the period

beginning on October 1, 1992, and ending on January 1, 1993, the

Secretary of Defense shall submit to Congress a report on the

operation, to the date of the report, of the first sentence of

subparagraph (B) and on the Secretary's projection for the use of

the waiver authority provided under subparagraph (C), including the

Secretary's estimate of the average annual number of waivers to be

provided under subparagraph (C).''

1989 - Subsec. (c)(1)(B), (3)(A). Pub. L. 101-189, Sec. 1113,

substituted ''(as described in section 664(f) of this title (other

than in paragraph (2) thereof))'' for ''(as described in section

664(f)(1) or (f)(3) of this title)''.

Subsec. (c)(4). Pub. L. 101-189, Sec. 1122, added par. (4).

1988 - Subsec. (c)(3)(D). Pub. L. 100-456, Sec. 511, inserted

''for officers in the same pay grade'' after ''under this

paragraph'', substituted ''10 percent'' for ''5 percent'', and

inserted ''in that pay grade'' after ''numbers of officers''.

Subsec. (d)(2). Pub. L. 100-456, Sec. 512(a), designated existing

provisions as subpar. (A), struck out sentence at end which

directed that each position so designated by the Secretary could be

held only by an officer who had the joint specialty, and added

subpars. (B) to (D).

Subsec. (d)(4). Pub. L. 100-456, Sec. 517(a), substituted ''25

percent'' for ''one-third''.

Subsec. (f). Pub. L. 100-456, Sec. 518, added subsec. (f).

1987 - Subsec. (b)(3). Pub. L. 100-180, Sec. 1301(a)(1), added

par. (3).

Subsec. (c)(1)(B). Pub. L. 100-180, Sec. 1301(b)(1), inserted

''(as described in section 664(f)(1) or (f)(3) of this title)''

after ''joint duty assignment''.

Subsec. (c)(2)(A). Pub. L. 100-180, Sec. 1301(b)(2)(A)-(C),

designated existing provisions as subpar. (A), substituted ''An

officer (other than a general or flag officer) who has a military

occupational specialty that is'' for ''An officer who has'' and

''full tour of duty in a joint duty assignment (as described in

section 664(f)(2) of this title)'' for ''joint duty assignment of

not less than two years'', and struck out provisions that an

officer selected for the joint specialty complete generally

applicable requirements for selection under par. (1)(B) as soon as

practicable after such officer's selection.

Subsec. (c)(2)(B). Pub. L. 100-180, Sec. 1301(b)(2)(D), added

subpar. (B).

Subsec. (c)(3). Pub. L. 100-180, Sec. 1301(b)(3), added par. (3).

Subsec. (d)(1). Pub. L. 100-180, Sec. 1302(a)(1), added subpars.

(A) and (B) and substituted ''by officers who - '' for ''by

officers who have (or have been nominated for) the joint

specialty.'' in introductory provisions.

Subsec. (d)(2) to (4). Pub. L. 100-180, Sec. 1302(b), added pars.

(2) to (4) and struck out former par. (2) which read as follows:

''The Secretary of Defense shall designate not fewer than 1,000

joint duty assignment positions as critical joint duty assignment

positions. Each such position shall be held only by an officer

with the joint specialty.''

EXCLUSION OF CERTAIN OFFICERS FROM LIMITATION ON AUTHORITY TO GRANT

A WAIVER OF REQUIRED COMPLETION OR SEQUENCING FOR JOINT

PROFESSIONAL MILITARY EDUCATION

Pub. L. 107-314, div. A, title V, Sec. 502(a), (b), Dec. 2,

2002, 116 Stat. 2530, provided that:

''(a) Exclusion From Limitation. - There shall be excluded from

counting for purposes of the 10-percent limitation set forth in the

last sentence of section 661(c)(3)(D) of title 10, United States

Code (limiting the authority to grant waivers related to sequencing

or completion of program of joint professional military education),

any officer selected for the joint specialty who -

''(1) on December 28, 2001, met the requirements of section

661(c) of such title for nomination for the joint specialty, but

who had not been nominated for that specialty before that date by

the Secretary of the military department concerned; and

''(2) before the date of the enactment of this Act (Dec. 2,

2002) was automatically nominated for the joint specialty as a

result of section 661(b)(2) of such title.

''(b) Termination. - The provisions of subsection (a) shall

terminate on October 1, 2006.''

INDEPENDENT STUDY OF JOINT OFFICER MANAGEMENT AND JOINT

PROFESSIONAL MILITARY EDUCATION REFORMS

Pub. L. 107-107, div. A, title V, Sec. 526, Dec. 28, 2001, 115

Stat. 1099, provided that:

''(a) Study. - The Secretary of Defense shall provide for an

independent study of the joint officer management system and the

joint professional military education system. The Secretary shall

ensure that the entity conducting the study is provided such

information and support as required. The Secretary shall include

in the contract for the study a requirement that the entity

conducting the study submit a report to Congress on the study not

later than one year after the date of the enactment of this Act

(Dec. 28, 2001).

''(b) Matters To Be Included With Respect to Joint Officer

Management. - With respect to the joint officer management system,

the entity conducting the independent study shall provide for the

following:

''(1) Assessment of implications for joint officer education,

development, and management that would result from proposed joint

organizational operational concepts (such as standing joint task

forces) and from emerging officer management and personnel

reforms (such as longer careers and more stabilization), that are

under consideration by the Secretary of Defense.

''(2) Assessment of the effectiveness of the current joint

officer management system to develop and use joint specialty

qualified officers in meeting both current and future

requirements for joint specialty officers.

''(3) Recommendations, based on empirical and other data, to

improve the effectiveness of the joint officer management system,

especially with regard to the following:

''(A) The proper mix and sequencing of education assignments

and experience assignments (to include, with respect to both

types of assignments, consideration of the type and quality,

and the length, of such assignments) to qualify an officer as a

joint specialty officer, as well as the implications of

adopting a variable joint duty tour length and the advisability

and implications of a system of qualifying officers as joint

specialty officers that uses multiple shorter qualification

tracks to selection as a joint specialty officer than are now

codified.

''(B) The system of using joint specialty officers, including

the continued utility of such measures as -

''(i) the required fill of positions on the joint duty

assignment list, as specified in paragraphs (1) and (4) of

section 661(d) of title 10, United States Code;

''(ii) the fill by such officers of a required number of

critical billets, as prescribed by section 661(d)(2) of such

title;

''(iii) the mandated fill by general and flag officers of a

minimum number of critical billets, as prescribed by section

661(d)(3) of such title; and

''(iv) current promotion policy objectives for officers

with the joint specialty, officers serving on the Joint

Staff, and officers serving in joint duty assignment list

positions, as prescribed by section 662 of such title.

''(C) Changes in policy and law required to provide officers

the required joint specialty qualification before promotion to

general or flag officer grade.

''(D) A determination of the number of reserve component

officers who would be qualified for designation as a joint

specialty officer by reason of experience or education if the

standards of existing law, including waiver authorities, were

applied to them, and recommendations for a process for

qualifying and employing future reserve component officers as

joint specialty officers.

''(c) Matters To Be Included With Respect to Joint Professional

Military Education. - With respect to the joint professional

military education system, the entity conducting the independent

study shall provide for the following:

''(1) The number of officers who under the current system (A)

qualified as joint specialty officers by attending joint

professional military education programs before their first joint

duty assignment, (B) qualified as joint specialty officers after

arriving at their first joint duty assignment but before

completing that assignment, and (C) qualified as joint specialty

officers without any joint professional military education.

''(2) Recommended initiatives (include changes in officer

personnel management law, if necessary) to provide incentives and

otherwise facilitate attendance at joint professional military

education programs before an officer's first joint duty

assignment.

''(3) Recommended goals for attendance at the Joint Forces

Staff College en route to a first joint duty assignment.

''(4) An assessment of the continuing utility of statutory

requirements for use of officers following joint professional

military education, as prescribed by section 662(d) of title 10,

United States Code.

''(5) Determination of whether joint professional military

education programs should remain principally an in-resident,

multi-service experience and what role non-resident or

distributive learning can or should play in future joint

professional military education programs.

''(6) Examination of options for the length of and increased

capacity at Joint Forces Staff College, and whether other

in-resident joint professional military education sources should

be opened, and if opened, how they might be properly accredited

and overseen to provide instruction at the level of the program

designated as 'joint professional military education'.

''(d) Chairman of Joint Chiefs of Staff. - With respect to the

roles of the Secretary of Defense and the Chairman of the Joint

Chiefs of Staff, the entity conducting the independent study shall

-

''(1) provide for an evaluation of the current roles of the

Secretary of Defense, the Chairman of the Joint Chiefs of Staff,

and joint staff in law, policy, and implementation with regard to

establishing and maintaining oversight of joint officer

management, career guidelines, and joint professional military

education; and

''(2) make recommendations to improve and strengthen those

roles.

''(e) Requirements for Study Entity. - In providing for the

independent study required by subsection (a), the Secretary of

Defense shall ensure that the entity conducting the study -

''(1) is not a Department of Defense organization; and

''(2) shall, at a minimum, involve in the study, in an integral

way, the following persons:

''(A) The Chairman of the Joint Chiefs of Staff and available

former Chairmen of the Joint Chiefs of Staff.

''(B) Members and former members of the Joint Staff, the

Armed Forces, the Congress, and congressional staff who are or

who have been significantly involved in the development,

implementation, or modification of joint officer management and

joint professional military education.

''(C) Experts in joint officer management and education from

civilian academic and research centers.''

STUDY OF DISTRIBUTION OF GENERAL AND FLAG OFFICER POSITIONS IN

JOINT DUTY ASSIGNMENTS

Pub. L. 102-484, div. A, title IV, Sec. 404, Oct. 23, 1992, 106

Stat. 2398, directed Secretary of Defense to conduct a study of

whether joint organizations of Department of Defense are fully

staffed with appropriate number of general and flag officers and,

not later than one year after Oct. 23, 1992, submit a report to

Congress.

TRANSITION TO JOINT OFFICER PERSONNEL POLICY

Section 406(a)-(c) of Pub. L. 99-433, as amended by Pub. L.

100-456, div. A, title V, Sec. 516, Sept. 29, 1988, 102 Stat.

1971, provided that:

''(a) Joint Duty Assignments. - (1) Section 661(d) of title 10,

United States Code, shall be implemented as rapidly as possible and

(except as provided under paragraph (2)) not later than October 1,

1989.

''(2) The first sentence of section 661(d)(2)(B) of such title

shall apply with respect to positions designated under the first

sentence of section 661(d)(2)(A) of that title as critical joint

duty assignment positions which become vacant after January 1,

1989.

''(b) Joint Specialty. -

''(1) Initial selections. - (A) In making the initial

selections of officers for the joint specialty under section 661

of title 10, United States Code (as added by section 401 of this

Act), the Secretary of Defense may waive the requirement of

either subparagraph (A) or (B) (but not both) of subsection

(c)(1) of such section in the case of any officer in a grade

above captain or, in the case of the Navy, lieutenant.

''(B) In applying such subparagraph (B) to the initial

selections of officers for the joint specialty, the Secretary may

in the case of any officer -

''(i) waive the requirement that a joint duty assignment be

served after the officer has completed an appropriate program

at a joint professional military education school;

''(ii) waive the requirement for the length of a joint duty

assignment in the case of a joint duty assignment begun by an

officer before January 1, 1987, if the officer served in that

assignment for a period of sufficient duration (which may not

be less than 12 months) to have been considered a full tour of

duty under the policies and regulations in effect on September

30, 1986; or

''(iii) consider as a joint duty assignment any tour of duty

begun by an officer before October 1, 1986, that involved

significant experience in joint matters (as determined by the

Secretary) if the officer served in that assignment for a

period of sufficient duration (which may not be less than 12

months) for his service to have been considered a full tour of

duty under the policies and regulations in effect on September

30, 1986.

''(C) A waiver under subparagraph (A) of this paragraph or

under any provision of subparagraph (B) of this paragraph may

only be made on a case-by-case basis.

''(D) The authority of the Secretary of Defense to grant a

waiver under subparagraph (A) or (B) of this paragraph may be

delegated only to the Deputy Secretary of Defense.

''(2) Requirement for high standards. - In exercising the

authority provided by paragraph (1), the Secretary of Defense

shall ensure that the highest standards of performance,

education, and experience are established and maintained for

officers selected for the joint specialty.

''(3) Sunset. - The authority provided by paragraph (1) shall

expire on October 1, 1989.

''(c) Career Guidelines. - The career guidelines required to be

established by section 661(e) of such title, the procedures

required to be established by section 665(a) of such title, and the

personnel policies required to be established by section 666 of

such title (as added by section 401) shall be established not later

than the end of the eight-month period beginning on the date of the

enactment of this Act (Oct. 1, 1986). The provisions of section

665(b) of such title shall be implemented not later than the end of

such period.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 154, 164, 619a, 664, 665,

667 of this title.

-CITE-

10 USC Sec. 662 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 38 - JOINT OFFICER MANAGEMENT

-HEAD-

Sec. 662. Promotion policy objectives for joint officers

-STATUTE-

(a) Qualifications. - The Secretary of Defense shall ensure that

the qualifications of officers assigned to joint duty assignments

are such that -

(1) officers who are serving on, or have served on, the Joint

Staff are expected, as a group, to be promoted to the next higher

grade at a rate not less than the rate for officers of the same

armed force in the same grade and competitive category who are

serving on, or have served on, the headquarters staff of their

armed force;

(2) officers who have the joint specialty are expected, as a

group, to be promoted -

(A) during the period beginning on December 28, 2001, and

ending on December 27, 2004, at a rate not less than the rate

for officers of the same armed force in the same grade and

competitive category; and

(B) after December 27, 2004, at a rate not less than the rate

for officers of the same armed force in the same grade and

competitive category who are serving on, or have served on, the

headquarters staff of their armed force; and

(3) officers who are serving in, or have served in, joint duty

assignments (other than officers covered in paragraphs (1) and

(2)) are expected, as a group, to be promoted to the next higher

grade at a rate not less than the rate for all officers of the

same armed force in the same grade and competitive category.

(b) Annual Report. - Not later than January 1 of each year, the

Secretary of Defense shall submit to Congress a report on the

promotion rates during the preceding fiscal year of officers who

are serving in, or have served in, joint duty assignments,

especially with respect to the record of officer selection boards

in meeting the objectives of paragraphs (1), (2), and (3) of

subsection (a). If such promotion rates fail to meet such

objectives for any fiscal year, the Secretary shall include in the

report for that fiscal year information on such failure and on what

action the Secretary has taken or plans to take to prevent further

failures.

-SOURCE-

(Added Pub. L. 99-433, title IV, Sec. 401(a), Oct. 1, 1986, 100

Stat. 1026; amended Pub. L. 100-456, div. A, title V, Sec. 513,

Sept. 29, 1988, 102 Stat. 1969; Pub. L. 101-510, div. A, title

XIII, Sec. 1311(3), Nov. 5, 1990, 104 Stat. 1669; Pub. L. 104-201,

div. A, title V, Sec. 510, Sept. 23, 1996, 110 Stat. 2514; Pub. L.

107-107, div. A, title V, Sec. 521(b), Dec. 28, 2001, 115 Stat.

1097; Pub. L. 107-314, div. A, title X, Sec. 1062(a)(4), Dec. 2,

2002, 116 Stat. 2650.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a)(2)(A). Pub. L. 107-314, Sec. 1062(a)(4)(A),

substituted ''during the period beginning on December 28, 2001, and

ending on December 27, 2004,'' for ''during the three-year period

beginning on the date of the enactment of the National Defense

Authorization Act for Fiscal Year 2002,''.

Subsec. (a)(2)(B). Pub. L. 107-314, Sec. 1062(a)(4)(B),

substituted ''after December 27, 2004'' for ''after the end of the

period specified in subparagraph (A)''.

2001 - Subsec. (a)(2). Pub. L. 107-107 substituted ''promoted -

'' for ''promoted at a rate'', added subpar. (A), designated ''not

less than the rate for officers of the same armed force in the same

grade and competitive category who are serving on, or have served

on, the headquarters staff of their armed force; and'' as subpar.

(B), and inserted ''after the end of the period specified in

subparagraph (A), at a rate'' after subpar. (B) designation.

1996 - Subsec. (b). Pub. L. 104-201, Sec. 510(b), in first

sentence, substituted ''paragraphs'' for ''clauses'' and, in second

sentence, inserted ''for any fiscal year'' after ''such

objectives'' and substituted ''report for that fiscal year'' for

''periodic report required by this subsection''.

Pub. L. 104-201, Sec. 510(a), substituted ''Annual Report'' for

''Report'' in heading and ''Not later than January 1 of each year,

the Secretary of Defense shall submit to Congress a report on the

promotion rates during the preceding fiscal year'' for ''The

Secretary of Defense shall periodically (and not less often than

every six months) report to Congress on the promotion rates'' in

text.

1990 - Subsec. (b). Pub. L. 101-510 substituted ''the Secretary

shall include in the periodic report required by this subsection

information on such failure and on'' for ''the Secretary shall

immediately notify Congress of such failure and of''.

1988 - Subsec. (a)(1), (3). Pub. L. 100-456 inserted ''to the

next higher grade'' after ''promoted''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 664 of this title.

-CITE-

10 USC Sec. 663 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 38 - JOINT OFFICER MANAGEMENT

-HEAD-

Sec. 663. Education

-STATUTE-

(a) Capstone Course for New General and Flag Officers. - (1) Each

officer selected for promotion to the grade of brigadier general

or, in the case of the Navy, rear admiral (lower half) shall be

required, after such selection, to attend a military education

course designed specifically to prepare new general and flag

officers to work with the other armed forces.

(2) Subject to paragraph (3), the Secretary of Defense may waive

paragraph (1) -

(A) in the case of an officer whose immediately previous

assignment was in a joint duty assignment and who is thoroughly

familiar with joint matters;

(B) when necessary for the good of the service;

(C) in the case of an officer whose proposed selection for

promotion is based primarily upon scientific and technical

qualifications for which joint requirements do not exist (as

determined under regulations prescribed under section 619(e)(4)

of this title); and

(D) in the case of a medical officer, dental officer,

veterinary officer, medical service officer, nurse, biomedical

science officer, or chaplain.

(3) The authority of the Secretary of Defense to grant a waiver

under paragraph (2) may only be delegated to the Deputy Secretary

of Defense, an Under Secretary of Defense, or an Assistant

Secretary of Defense. Such a waiver may be granted only on a

case-by-case basis in the case of an individual officer.

(b) Joint Military Education Schools. - The Secretary of Defense,

with the advice and assistance of the Chairman of the Joint Chiefs

of Staff, shall periodically review and revise the curriculum of

each school of the National Defense University (and of any other

joint professional military education school) to enhance the

education and training of officers in joint matters. The Secretary

shall require such schools to maintain rigorous standards for the

military education of officers with the joint specialty.

(c) Other Professional Military Education Schools. - The

Secretary of Defense shall require that each Department of Defense

school concerned with professional military education periodically

review and revise its curriculum for senior and intermediate grade

officers in order to strengthen the focus on -

(1) joint matters; and

(2) preparing officers for joint duty assignments.

(d) Post-Education Joint Duty Assignments. - (1) The Secretary of

Defense shall ensure that each officer with the joint specialty who

graduates from a joint professional military education school shall

be assigned to a joint duty assignment for that officer's next duty

assignment after such graduation (unless the officer receives a

waiver of that requirement by the Secretary in an individual case).

(2)(A) The Secretary of Defense shall ensure that a high

proportion (which shall be greater than 50 percent) of the officers

graduating from a joint professional military education school who

do not have the joint specialty shall receive assignments to a

joint duty assignment as their next duty assignment after such

graduation or, to the extent authorized in subparagraph (B), as

their second duty assignment after such graduation.

(B) The Secretary may, if the Secretary determines that it is

necessary to do so for the efficient management of officer

personnel, establish procedures to allow up to one-half of the

officers subject to the joint duty assignment requirement in

subparagraph (A) to be assigned to a joint duty assignment as their

second (rather than first) assignment after such graduation from a

joint professional military education school.

(e) Duration of Principal Course of Instruction at Joint Forces

Staff College. - (1) The duration of the principal course of

instruction offered at the Joint Forces Staff College may not be

less than three months.

(2) In this subsection, the term ''principal course of

instruction'' means any course of instruction offered at the Joint

Forces Staff College as Phase II joint professional military

education.

-SOURCE-

(Added Pub. L. 99-433, title IV, Sec. 401(a), Oct. 1, 1986, 100

Stat. 1027; amended Pub. L. 101-189, div. A, title XI, Sec.

1123(c)(1), Nov. 29, 1989, 103 Stat. 1557; Pub. L. 102-190, div.

A, title IX, Sec. 912(a), Dec. 5, 1991, 105 Stat. 1452; Pub. L.

103-160, div. A, title IX, Sec. 933(a), Nov. 30, 1993, 107 Stat.

1735; Pub. L. 107-107, div. A, title X, Sec. 1048(a)(6), Dec. 28,

2001, 115 Stat. 1223; Pub. L. 107-314, div. A, title X, Sec.

1062(a)(5), Dec. 2, 2002, 116 Stat. 2650.)

-MISC1-

AMENDMENTS

2002 - Subsec. (e)(2). Pub. L. 107-314 substituted ''Joint Forces

Staff College'' for ''Armed Forces Staff College''.

2001 - Subsec. (e). Pub. L. 107-107 substituted ''Joint Forces

Staff College'' for ''Armed Forces Staff College'' in subsec.

heading and in text of par. (1).

1993 - Subsec. (d). Pub. L. 103-160 amended subsec. (d)

generally. Prior to amendment, subsec. (d) read as follows:

''Post-Education Duty Assignments. - The Secretary of Defense shall

ensure that -

''(1) unless waived by the Secretary in an individual case,

each officer with the joint specialty who graduates from a joint

professional military education school shall be assigned to a

joint duty assignment for that officer's next duty assignment;

and

''(2) a high proportion (which shall be greater than 50

percent) of the other officers graduating from a joint

professional military education school also receive assignments

to a joint duty assignment as their next duty assignment.''

1991 - Subsec. (e). Pub. L. 102-190 designated existing

provisions as par. (1) and added par. (2).

1989 - Subsec. (e). Pub. L. 101-189 added subsec. (e).

EFFECTIVE DATE OF 1993 AMENDMENT

Section 933(b) of Pub. L. 103-160 provided that: ''The amendments

made by subsection (a) (amending this section) shall apply with

respect to officers graduating from joint professional military

education schools after the date of the enactment of this Act (Nov.

30, 1993).''

EFFECTIVE DATE OF 1991 AMENDMENT

Pub. L. 102-190, div. A, title IX, Sec. 912(b), Dec. 5, 1991,

105 Stat. 1452, as amended by Pub. L. 102-484, div. A, title IX,

Sec. 921, Oct. 23, 1992, 106 Stat. 2473, provided that the

amendment made by section 912(a)(2) of Pub. L. 102-190 to this

section was not to apply with respect to the Armed Forces Staff

College until Jan. 1, 1994.

IMPLEMENTATION OF SUBSECTION (E)

Section 1123(c)(2) of Pub. L. 101-189 provided that: ''Subsection

(e) of such section, as added by paragraph (1), shall be

implemented by the Secretary of Defense not later than two years

after the date of the enactment of this Act (Nov. 29, 1989).''

EDUCATION REQUIREMENTS; JOINT OFFICER MANAGEMENT PROGRAM

Section 406(d) of Pub. L. 99-433 provided that:

''(1) Capstone course. - Subsection (a) of section 663 of such

title (10 U.S.C. 663(a)) (as added by section 401) shall apply with

respect to officers selected in reports of officer selection boards

submitted to the Secretary concerned after the end of the 120-day

period beginning on the date of the enactment of this Act (Oct. 1,

1986).

''(2) Review of military education schools. - (A) The first

review under subsections (b) and (c) of such section shall be

completed not later than 120 days after the date of the enactment

of this Act. The Secretary of Defense shall submit to Congress a

report on the results of the review at each Department of Defense

school not later than 60 days thereafter.

''(B) Such subsections shall be implemented so that the revised

curricula take effect with respect to courses beginning after July

1987.

''(3) Post-education duty assignments. - Subsection (d) of such

section shall take effect with respect to classes graduating from

joint professional military education schools after January 1987.''

-CITE-

10 USC Sec. 664 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 38 - JOINT OFFICER MANAGEMENT

-HEAD-

Sec. 664. Length of joint duty assignments

-STATUTE-

(a) General Rule. - The length of a joint duty assignment -

(1) for general and flag officers shall be not less than two

years; and

(2) for other officers shall be not less than three years.

(b) Waiver Authority. - The Secretary of Defense may waive

subsection (a) in the case of any officer.

(c) Initial Assignment of Officers With Critical Occupational

Specialties. - The Secretary may for purposes of section 661(c)(2)

of this title authorize a joint duty assignment of less than the

period prescribed by subsection (a), but not less than two years,

without the requirement for a waiver under subsection (b) in the

case of an officer -

(1) who is nominated for the joint specialty;

(2) who has a military occupational specialty designated under

section 661(c)(2) of this title as a critical occupational

specialty; and

(3) for whom such joint duty assignment is the initial joint

duty assignment.

(d) Exclusions From Tour Length. - The Secretary of Defense may

exclude the following service from the standards prescribed in

subsection (a):

(1) Service in a joint duty assignment in which the full tour

of duty in the assignment is not completed by the officer because

of -

(A) retirement;

(B) release from active duty;

(C) suspension from duty under section 155(f)(2) or 164(g) of

this title; or

(D) a qualifying reassignment (as described in subsection

(g)(4)).

(2) Service in a joint duty assignment outside the United

States or in Alaska or Hawaii which is less than the applicable

standard prescribed in subsection (a).

(3) Service in a joint duty assignment in a case in which -

(A) the officer's tour of duty in that assignment brings the

officer's cumulative service for purposes of subsection (f)(3)

to the applicable standard prescribed in subsection (a); and

(B) the length of time served in that assignment (in any case

other than an assignment which is described in subsection

(g)(4)(B)) was not less than two years.

(e) Average Tour Lengths. - (1) The Secretary shall ensure that

the average length of joint duty assignments during any fiscal

year, measured by the lengths of the joint duty assignments ending

during that fiscal year, meets the standards prescribed in

subsection (a).

(2) In computing the average length of joint duty assignments for

purposes of paragraph (1), the Secretary may exclude the following

service:

(A) Service described in subsection (c), except that not more

than 12 1/2 percent of all joint duty assignments shown on the

list published pursuant to section 668(b)(2)(A) of this title may

be so excluded in any year.

(B) Service described in subsection (d).

(C) Service described in subsection (f)(6), except that no more

than 10 percent of all joint duty assignments shown on the list

published pursuant to section 668(b)(2)(A) of this title may be

so excluded in any year.

(f) Full Tour of Duty. - An officer shall be considered to have

completed a full tour of duty in a joint duty assignment upon

completion of any of the following:

(1) A joint duty assignment that meets the standards prescribed

in subsection (a).

(2) A joint duty assignment under the circumstances described

in subsection (c).

(3) Cumulative service in joint duty assignments as described

in subsection (g).

(4) A joint duty assignment outside the United States or in

Alaska or Hawaii for which the normal accompanied-by-dependents

tour of duty is prescribed by regulation to be at least two years

in length, if the officer serves in the assignment for a period

equivalent to the accompanied-by-dependents tour length (except

that not more than 6 percent of all joint duty assignments may be

considered to be under this paragraph at any time).

(5) A joint duty assignment with respect to which the Secretary

of Defense has granted a waiver under subsection (b), but only in

a case in which the Secretary determines that the service

completed by that officer in that duty assignment shall be

considered to be a full tour of duty in a joint duty assignment.

(6) A second joint duty assignment that is less than the period

required under subsection (a), but not less than two years,

without regard to whether a waiver was granted for such

assignment under subsection (b).

(g) Cumulative Credit. - (1) Cumulative service for purposes of

subsection (f)(3) is service in joint duty assignments which totals

in length not less than the applicable standard prescribed in

subsection (a) and which includes at least one tour of duty in a

joint duty assignment that -

(A) was performed outside the United States or in Alaska or

Hawaii; or

(B) was terminated because of a qualifying reassignment (as

described in paragraph (4)).

(2) In computing cumulative service of an officer in joint duty

assignments for purposes of paragraph (1), a tour of duty of the

officer in a joint duty assignment other than a tour of duty

specified in subparagraph (A) or (B) of paragraph (1) may not be

counted unless the officer served at least two years in the

assignment. The prohibition on counting certain tours of duty in

the preceding sentence does not apply to a joint duty assignment

which follows a reassignment described in paragraph (4)(B).

(3) In computing the cumulative service of an officer in joint

duty assignments for purposes of paragraph (1), a tour of duty in a

joint duty assignment shall be excluded if the officer served less

than 10 months in that assignment.

(4) For purposes of paragraph (1)(B), a qualifying reassignment

is a reassignment of an officer from a joint duty assignment -

(A) for unusual personal reasons (including extreme hardship

and medical conditions) beyond the control of the officer or the

armed forces; or

(B) to another joint duty assignment immediately after -

(i) the officer was promoted to a higher grade if the

reassignment was made because no joint duty assignment was

available within the same organization that was commensurate

with the officer's new grade; or

(ii) the officer's position was eliminated in a

reorganization.

(h) Constructive Credit. - (1) The Secretary of Defense may

accord constructive credit in the case of an officer (other than a

general or flag officer) who, for reasons of military necessity, is

reassigned from a joint duty assignment within 60 days of meeting

the tour length criteria prescribed in subsection (f)(1), (f)(2),

(f)(4), or (g)(2). The amount of constructive service that may be

credited to such officer shall be the amount sufficient for the

completion of the applicable tour of duty requirement, but in no

case more than 60 days.

(2) For the purpose of computing under subsection (e) the average

length of joint duty assignments during a fiscal year, the amount

of any constructive service credited under this subsection with

respect to a joint duty assignment to be counted in that

computation shall be excluded.

(3) This subsection shall not apply in the case of an officer who

serves less than 10 months in the joint duty assignment.

(i) Joint Duty Credit for Certain Joint Task Force Assignments. -

(1) In the case of an officer who completes service in a qualifying

temporary joint task force assignment, the Secretary of Defense,

with the advice of the Chairman of the Joint Chiefs of Staff, may

(subject to the criteria prescribed under paragraph (4)) grant the

officer -

(A) credit for having completed a full tour of duty in a joint

duty assignment; or

(B) credit countable for determining cumulative service in

joint duty assignments.

(2)(A) For purposes of paragraph (1), a qualifying temporary

joint task force assignment of an officer is a temporary

assignment, any part of which is performed by the officer on or

after February 10, 1996 -

(i) to the headquarters staff of a United States joint task

force that is part of a unified command or the United States

element of the headquarters staff of a multinational force; and

(ii) with respect to which the Secretary of Defense determines

that service of the officer in that assignment is equivalent to

that which would be gained by the officer in a joint duty

assignment.

(B) An officer may not be granted credit under this subsection

unless the officer is recommended for such credit by the Chairman

of the Joint Chiefs of Staff.

(3) Credit under paragraph (1) (including a determination under

paragraph (2)(A)(ii) and a recommendation under paragraph (2)(B)

with respect to such credit) may be granted only on a case-by-case

basis in the case of an individual officer.

(4) The Secretary of Defense shall prescribe by regulation

criteria for determining whether an officer may be granted credit

under paragraph (1) with respect to service in a qualifying

temporary joint task force assignment. The criteria shall apply

uniformly among the armed forces and shall include the following

requirements:

(A) For an officer to be credited as having completed a full

tour of duty in a joint duty assignment, the length of the

officer's service in the qualifying temporary joint task force

assignment must meet the requirements of subsection (a) or (c).

(B) For an officer to be credited with service for purposes of

determining cumulative service in joint duty assignments, the

officer must serve at least 90 consecutive days in the qualifying

temporary joint task force assignment.

(C) The service must be performed in support of a mission that

is directed by the President or that is assigned by the President

to United States forces in the joint task force involved.

(D) The joint task force must be constituted or designated by

the Secretary of Defense or by the commander of a combatant

command or of another force.

(E) Except as provided in subparagraph (F), the joint task

force must conduct combat or combat-related operations in a

unified action under joint or multinational command and control.

(F) Service in a temporary joint task force assignment not

involved in combat or combat-related operations may not be

credited for the purposes of joint duty, unless, and only if -

(i) the service of the officer and the nature of the joint

task force not only meet all criteria of this section, except

subparagraph (E), but also any additional criteria the

Secretary may establish;

(ii) the Secretary has specifically approved the operation

conducted by the joint task force as one that qualifies for

joint service credit, and notifies Congress upon each approval,

providing the criteria that led to that approval; and

(iii) the operation is conducted by the joint task force in

an environment where an extremely fragile state of peace and

high potential for hostilities coexist.

(5) Officers for whom joint duty credit is granted pursuant to

this subsection may not be taken into account for the purposes of

any of the following provisions of this title: section 661(d)(1),

section 662(a)(3), section 662(b), subsection (a) of this section,

and paragraphs (7), (8), (9), (11), and (12) of section 667.

(6) In the case of an officer credited with having completed a

full tour of duty in a joint duty assignment pursuant to this

subsection, the Secretary of Defense may waive the requirement in

paragraph (1)(B) of section 661(c) of this title that the tour of

duty in a joint duty assignment be performed after the officer

completes a program of education referred to in paragraph (1)(A) of

that section. The provisions of subparagraphs (C) and (D) of

section 661(c)(3) of this title shall apply to such a waiver in the

same manner as to a waiver under subparagraph (A) of that section.

-SOURCE-

(Added Pub. L. 99-433, title IV, Sec. 401(a), Oct. 1, 1986, 100

Stat. 1028; amended Pub. L. 100-180, div. A, title XIII, Sec.

1303(a), Dec. 4, 1987, 101 Stat. 1170; Pub. L. 100-456, div. A,

title V, Sec. 514, 517(b), Sept. 29, 1988, 102 Stat. 1969, 1971;

Pub. L. 104-106, div. A, title V, Sec. 501(b), (e), (f), Feb. 10,

1996, 110 Stat. 290, 292; Pub. L. 106-65, div. A, title X, Sec.

1066(a)(5), Oct. 5, 1999, 113 Stat. 770; Pub. L. 107-107, div. A,

title V, Sec. 522, Dec. 28, 2001, 115 Stat. 1097.)

-MISC1-

AMENDMENTS

2001 - Subsec. (i)(4)(E). Pub. L. 107-107, Sec. 522(1),

substituted ''Except as provided in subparagraph (F), the joint

task force'' for ''The joint task force''.

Subsec. (i)(4)(F). Pub. L. 107-107, Sec. 522(2), added subpar.

(F).

1999 - Subsec. (i)(2)(A). Pub. L. 106-65 substituted ''February

10, 1996'' for ''the date of the enactment of this subsection'' in

introductory provisions.

1996 - Subsec. (e)(1). Pub. L. 104-106, Sec. 501(f), struck out

''(after fiscal year 1990)'' after ''any fiscal year''.

Subsec. (e)(2)(C). Pub. L. 104-106, Sec. 501(e)(1), added subpar.

(E).

Subsec. (f). Pub. L. 104-106, Sec. 501(e)(2)(A), substituted

''completion of any of the following:'' for ''completion of - '' in

introductory provisions.

Subsec. (f)(1). Pub. L. 104-106, Sec. 501(e)(2)(B), (D),

substituted ''A joint duty'' for ''a joint duty'' and ''subsection

(a).'' for ''subsection (a);''.

Subsec. (f)(2). Pub. L. 104-106, Sec. 501(e)(2)(B), (D),

substituted ''A joint duty'' for ''a joint duty'' and ''subsection

(c).'' for ''subsection (c);''.

Subsec. (f)(3). Pub. L. 104-106, Sec. 501(e)(2)(C), (D),

substituted ''Cumulative'' for ''cumulative'' and ''subsection

(g).'' for ''subsection (g);''.

Subsec. (f)(4). Pub. L. 104-106, Sec. 501(e)(2)(B), (D),

substituted ''A joint duty'' for ''a joint duty'' and ''any

time).'' for ''any time); or''.

Subsec. (f)(5). Pub. L. 104-106, Sec. 501(e)(2)(B), substituted

''A joint duty'' for ''a joint duty''.

Subsec. (f)(6). Pub. L. 104-106, Sec. 501(e)(2)(E), added par.

(6).

Subsec. (i). Pub. L. 104-106, Sec. 501(b), added subsec. (i).

1988 - Subsec. (a)(1). Pub. L. 100-456, Sec. 514(1)(A),

substituted ''two years'' for ''three years''.

Subsec. (a)(2). Pub. L. 100-456, Sec. 514(1)(B), substituted

''three years'' for ''three and one-half years''.

Subsec. (c)(1). Pub. L. 100-456, Sec. 514(2), substituted ''is''

for ''has been'' and struck out ''before such assignment begins''

after ''specialty''.

Subsec. (d)(2). Pub. L. 100-456, Sec. 514(3), inserted ''which is

less than the applicable standard prescribed in subsection (a)''

after ''Hawaii''.

Subsec. (e)(2)(A). Pub. L. 100-456, Sec. 517(b), substituted ''12

1/2 percent'' for ''10 percent''.

Subsec. (f)(4), (5). Pub. L. 100-456, Sec. 514(4), added pars.

(4) and (5).

Subsec. (g)(3). Pub. L. 100-456, Sec. 514(5), substituted ''shall

be excluded if the officer served less than 10 months in that

assignment'' for ''shall be excluded -

''(A) if the officer served less than 10 months in that

assignment; and

''(B) to the extent that the assignment was served more than

eight years before the date of computation of the cumulative

service.''

Subsec. (h). Pub. L. 100-456, Sec. 514(6), added subsec. (h).

1987 - Subsec. (b). Pub. L. 100-180 added subsec. (b) and struck

out former subsec. (b) which read as follows: ''The Secretary of

Defense may waive subsection (a) in the case of any officer, but

the Secretary shall ensure that the average length of joint duty

assignments meets the standards prescribed in that subsection.''

Subsec. (c). Pub. L. 100-180 added subsec. (c) and struck out

former subsec. (c), ''Certain officers with critical combat

operations skills'', which read as follows: ''Joint duty

assignments of less than the period prescribed by subsection (a),

but not less than two years, may be authorized for the purposes of

section 661(c)(2) of this title. Such an assignment may not be

counted for the purposes of determining the average length of joint

duty assignments under subsection (b).''

Subsec. (d). Pub. L. 100-180 added subsec. (d) and struck out

former subsec. (d), ''Exception'', which read as follows:

''(1) Subsection (a) does not apply in the case of an officer who

fails to complete a joint duty assignment as the result of -

''(A) retirement;

''(B) separation from active duty; or

''(C) suspension from duty under section 155(f)(2) or 164(g) of

this title.

''(2) In computing the average length of joint duty assignments

for purposes of this section, the Secretary of Defense shall

exclude joint duty assignments not completed because of a reason

specified in paragraph (1).''

Subsecs. (e) to (g). Pub. L. 100-180 added subsecs. (e) to (g).

RETROACTIVE JOINT SERVICE CREDIT FOR DUTY IN CERTAIN JOINT TASK

FORCES

Pub. L. 107-107, div. A, title V, Sec. 523, Dec. 28, 2001, 115

Stat. 1097, provided that:

''(a) Authority. - In accordance with section 664(i) of title 10,

United States Code, as amended by section 522, the Secretary of

Defense may award joint service credit to any officer who served on

the staff of a United States joint task force headquarters in an

operation and during the period set forth in subsection (b) and who

meets the criteria specified in such section. To determine which

officers qualify for such retroactive credit, the Secretary shall

undertake a case-by-case review of the records of officers.

''(b) Eligible Operations. - Service in the following operations,

during the specified periods, may be counted for credit under

subsection (a):

''(1) Operation Northern Watch, during the period beginning on

August 1, 1992, and ending on a date to be determined.

''(2) Operation Southern Watch, during the period beginning on

August 27, 1992, and ending on a date to be determined.

''(3) Operation Able Sentry, during the period beginning on

June 26, 1993, and ending on February 28, 1999.

''(4) Operation Joint Endeavor, during the period beginning on

December 25, 1995, and ending on December 19, 1996.

''(5) Operation Joint Guard, during the period beginning on

December 20, 1996, and ending on June 20, 1998.

''(6) Operation Desert Thunder, beginning on January 24, 1998,

and ending on December 15, 1998.

''(7) Operation Joint Forge, beginning on June 20, 1998, and

ending on June 10, 1999.

''(8) Operation Noble Anvil, beginning on March 24, 1999, and

ending on July 20, 1999.

''(9) Operation Joint Guardian, beginning on June 11, 1999, and

ending on a date to be determined.

''(c) Report. - Not later than one year after the date of the

enactment of this Act (Dec. 28, 2001), the Secretary of Defense

shall submit to Congress a report of the numbers, by service,

grade, and operation, of the officers given joint service credit in

accordance with this section.''

JOINT DUTY CREDIT FOR CERTAIN DUTY PERFORMED DURING OPERATIONS

DESERT SHIELD AND DESERT STORM

Pub. L. 103-160, div. A, title IX, Sec. 932, Nov. 30, 1993, 107

Stat. 1735, provided that:

''(a) Authority To Give Joint Duty Credit. - (1) An officer

described in paragraph (2) may (subject to paragraph (3)) be given

credit for service in a joint duty assignment pursuant to the

provisions of section 933 of the National Defense Authorization Act

for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2476; 10 U.S.C.

664 note), notwithstanding the expiration (under subsection (e) of

that section) of authority to give such credit under that section.

''(2) Paragraph (1) applies -

''(A) in the case of an officer who was recommended for such

credit under subsection (a)(3) of that section before the

expiration (under subsection (e) of that section) of authority to

give such credit, but for whom such credit either was denied or

was granted as credit for less than a full tour of duty in a

joint duty assignment; and

''(B) in the case of an officer who did not submit a timely

request for consideration for such credit.

''(3)(A) In the case of an officer described in paragraph (2)(A),

joint duty credit may be granted by reason of this subsection only

if the Secretary determines that the decision not to give the

credit or not to give greater credit, as the case may be, to that

officer was incorrect.

''(B) In the case of an officer described in paragraph (2)(B),

joint duty credit may be granted by reason of this subsection only

if the Secretary determines that the officer's ability to submit a

timely request was impaired by involvement of the officer in an

operational assignment and, as a result of the failure to submit

such a timely request, the officer was not recommended for such

credit.

''(b) Duration of Authority. - Subsection (a) expires at the end

of the 90-day period beginning on the date of the enactment of this

Act (Nov. 30, 1993).

''(c) Clarification of Intended Relationship Between Credit and

Promotions. - (Amended section 933(a)(1) of Pub. L. 102-484,

below.)

''(2) Any joint duty service credit given to an officer under

section 933(a)(1) of the National Defense Authorization Act for

Fiscal Year 1993 before the date of the enactment of this Act (Nov.

30, 1993) may be applied to any provision of title 10, United

States Code.''

Pub. L. 102-484, div. A, title IX, Sec. 933, Oct. 23, 1992, 106

Stat. 2476, as amended by Pub. L. 103-35, title II, Sec. 202(a)(9),

May 31, 1993, 107 Stat. 101; Pub. L. 103-160, div. A, title IX,

Sec. 932(c)(1), Nov. 30, 1993, 107 Stat. 1735, provided that:

''(a) Authority To Give Joint Duty Credit. - (1) The Secretary of

Defense, in consultation with the Chairman of the Joint Chiefs of

Staff, may give an officer who has completed service described in

paragraph (2) credit for having completed a full tour of duty in a

joint duty assignment, or credit countable for determining

cumulative service in joint duty assignments, for the purposes of

any provision of title 10, United States Code, notwithstanding the

length of such service or whether that service is within the

definition of 'joint duty assignment' in section 668 of title 10,

United States Code.

''(2) Service referred to in paragraph (1) is service performed

by an officer, any portion of which took place during the period

beginning on August 2, 1990, and ending on February 28, 1991, in an

assignment in the Persian Gulf combat zone that (as determined by

the Secretary of Defense) provided significant experience in joint

matters.

''(3) The Secretary, after consultation with the Chairman of the

Joint Chiefs of Staff, may give credit for service in a joint duty

assignment under paragraph (1) in the case of an officer

recommended for such credit by the Chief of Staff of the Army (for

officers in the Army), the Chief of Naval Operations (for officers

in the Navy), the Chief of Staff of the Air Force (for officers in

the Air Force), and the Commandant of the Marine Corps (for

officers in the Marine Corps). Any such credit shall be granted by

the Secretary on a case-by-case basis.

''(4) The Secretary of Defense shall establish uniform criteria

for defining the standards to be used in determining whether to

give an officer credit for service in a joint duty assignment under

paragraph (1). Such criteria shall be consistent with the

congressional declarations of policy in section 2 of the National

Security Act of 1947 (50 U.S.C. 401) and section 3 of the

Goldwater-Nichols Department of Defense Reorganization Act of 1986

(Pub. L. 99-433) (10 U.S.C. 111 note). The criteria shall include

standards to be used in determining whether to give an officer

credit for completion of a full tour of duty, or credit countable

for determining cumulative service, in a joint duty assignment.

Such criteria may not result in the extension of eligibility for

joint duty credit under this section to all officers in a specified

category of officers that exists other than for reasons of this

section.

''(b) Inapplicability of Certain Reporting and Policy

Requirements. - (1) Officers for whom joint duty credit is granted

pursuant to subsection (a) shall not be counted for the purposes of

paragraphs (7), (8), (9), (11), and (12) of section 667 of title

10, United States Code, and subsections (a)(3) and (b) of section

662 of such title.

''(2) In the case of an officer for whom credit for completion of

a full tour of duty in a joint duty assignment is granted pursuant

to subsection (a), the Secretary of Defense may waive the

requirement in paragraph (1)(B) of section 661(c) of title 10,

United States Code, that, for purposes of nomination to the joint

specialty under chapter 38 of such title, a full tour of duty in a

joint duty assignment be performed after the officer completes a

program of education referred to in paragraph (1)(A) of that

section.

''(c) Information To Be Included in Next Annual Report. - The

joint specialty report of the Secretary of Defense under section

667 of title 10, United States Code, for fiscal year 1993 shall

include the following information (which shall be shown for the

Department of Defense as a whole and separately for the Army, Navy,

Air Force, and Marine Corps):

''(1) The number of officers granted credit for a joint duty

assignment pursuant to subsection (a).

''(2) Of such officers, the number granted credit for a full

tour of duty in a joint duty assignment pursuant to subsection

(a) and the number granted credit for a joint duty assignment

that is not treated as a full tour of duty.

''(3) Of the officers granted credit for a joint duty

assignment pursuant to subsection (a), the number in each grade

and each occupational specialty.

''(d) Definitions. - For purposes of this section:

''(1) The term 'joint matters' has the meaning given such term

in section 668(a) of title 10, United States Code.

''(2) The term 'Persian Gulf combat zone' means the area

designated by the President as the combat zone for Operation

Desert Shield, Operation Desert Storm, and related operations for

purposes of section 112 of the Internal Revenue Code of 1986 (26

U.S.C. 112).

''(3) The term 'joint specialty report' means that part of the

annual report of the Secretary of Defense submitted to Congress

under section 113(c) of title 10, United States Code, that is

included in such report pursuant to section 667 of title 10,

United States Code.

''(e) Duration of Authority. - The authority of the Secretary of

Defense under this section expires at the end of the six-month

period beginning on the date of the enactment of this Act (Oct. 23,

1992).''

LENGTH OF JOINT DUTY ASSIGNMENTS

Section 406(e) of Pub. L. 99-433 provided that: ''Subsection (a)

of section 664 of title 10, United States Code (as added by section

401), shall apply to officers assigned to joint duty assignments

after the end of the 90-day period beginning on the date of the

enactment of this Act (Oct. 1, 1986). In computing an average under

subsection (b) of such section, only joint duty assignments to

which such subsection applies shall be considered.''

WAIVER OF QUALIFICATIONS FOR APPOINTMENT AS SERVICE CHIEF

For waiver of the requirements of this section for the length of

a joint duty assignment, see section 532(c) of Pub. L. 99-433,

formerly set out as a note under section 3033 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 154, 164, 619a, 661, 667,

3033, 5033, 5043, 8033 of this title.

-CITE-

10 USC Sec. 665 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 38 - JOINT OFFICER MANAGEMENT

-HEAD-

Sec. 665. Procedures for monitoring careers of joint officers

-STATUTE-

(a) Procedures. - (1) The Secretary of Defense, with the advice

of the Chairman of the Joint Chiefs of Staff, shall establish

procedures for overseeing the careers of -

(A) officers with the joint specialty; and

(B) other officers who serve in joint duty assignments.

(2) Such oversight shall include monitoring of the implementation

of the career guidelines established under section 661(e) of this

title.

(b) Function of Joint Staff. - The Secretary shall take such

action as necessary to enhance the capabilities of the Joint Staff

so that it can -

(1) monitor the promotions and career assignments of officers

with the joint specialty and of other officers who have served in

joint duty assignments; and

(2) otherwise advise the Chairman on joint personnel matters.

-SOURCE-

(Added Pub. L. 99-433, title IV, Sec. 401(a), Oct. 1, 1986, 100

Stat. 1028.)

-MISC1-

TRANSITION TO JOINT OFFICER PERSONNEL POLICY

Procedures under subsec. (a) of this section to be established

not later than the end of the eight-month period beginning Oct. 1,

1986, and provisions of subsec. (b) of this section to be

implemented not later than the end of such period, see section

406(c) of Pub. L. 99-433, set out as a note under section 661 of

this title.

-CITE-

10 USC Sec. 666 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 38 - JOINT OFFICER MANAGEMENT

-HEAD-

Sec. 666. Reserve officers not on the active-duty list

-STATUTE-

The Secretary of Defense shall establish personnel policies

emphasizing education and experience in joint matters for reserve

officers not on the active-duty list. Such policies shall, to the

extent practicable for the reserve components, be similar to the

policies provided by this chapter.

-SOURCE-

(Added Pub. L. 99-433, title IV, Sec. 401(a), Oct. 1, 1986, 100

Stat. 1028.)

-MISC1-

TRANSITION TO JOINT OFFICER PERSONNEL POLICY

Personnel policies under this section to be established not later

than the end of the eight-month period beginning Oct. 1, 1986, see

section 406(c) of Pub. L. 99-433, set out as a note under section

661 of this title.

-CITE-

10 USC Sec. 667 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 38 - JOINT OFFICER MANAGEMENT

-HEAD-

Sec. 667. Annual report to Congress

-STATUTE-

The Secretary of Defense shall include in the annual report of

the Secretary to Congress under section 113(c) of this title, for

the period covered by the report, the following information (which

shall be shown for the Department of Defense as a whole and

separately for the Army, Navy, Air Force, and Marine Corps):

(1)(A) The number of officers selected for the joint specialty

and their education and experience.

(B) The number of officers who meet the criteria for selection

for the joint specialty but were not selected, together with the

reasons why.

(2) The number of officers with the joint specialty, shown by

grade and branch or specialty and by education.

(3) The number of officers on the active-duty list with a

military occupational specialty designated under section

661(c)(2) of this title as a critical occupational specialty who

-

(A) have been selected for the joint specialty;

(B) have been selected for the joint specialty and are

serving in a joint duty assignment;

(C) have completed a joint duty assignment and are attending

an appropriate program at a joint professional military

education school;

(D) have completed an appropriate program at a joint

professional military education school; and

(E) have served, or are serving in, a second joint duty

assignment after being selected for the joint specialty, with

the number of such officers who have served, or are serving, in

a critical joint duty assignment shown separately for general

and flag officers, and for all other officers.

(4) For each fiscal year -

(A) the number of officers selected for the joint specialty

and, of those, the number who have a military occupational

specialty designated as a critical occupational specialty; and

(B) a comparison of the number of officers who have the joint

specialty who qualified for the joint specialty under section

661(c)(1) of this title with the number of officers who have

the joint specialty who were selected for the joint specialty

under section 661(c)(2) of this title.

(5) The promotion rate for officers considered for promotion

from within the promotion zone who are serving on the Joint Staff

compared with the promotion rate for other officers considered

for promotion from within the promotion zone in the same pay

grade and the same competitive category, shown for all officers

of the armed force and for officers serving on the headquarters

staff of the armed force concerned.

(6) The promotion rate for officers with the joint specialty,

compared in the same manner as specified in paragraph (5).

(7) The promotion rate for other officers who are serving in

joint duty assignments, compared in the same manner as specified

in paragraph (5).

(8) The promotion rate for officers considered for promotion

from below the promotion zone, shown for officers serving on the

Joint Staff, officers with the joint specialty, and other

officers serving in joint duty assignments, compared in the same

manner as specified in paragraph (5).

(9) The promotion rate for officers considered for promotion

from above the promotion zone, shown for officers serving on the

Joint Staff, officers with the joint specialty, and other

officers serving in joint duty assignments, compared in the same

manner as specified in paragraph (5).

(10) An analysis of assignments of officers after selection for

the joint specialty.

(11) The average length of tours of duty in joint duty

assignments -

(A) for general and flag officers, shown separately for

assignments to the Joint Staff and other joint duty

assignments; and

(B) for other officers, shown separately for assignments to

the Joint Staff and other joint duty assignments.

(12) The number of times, in the case of each category of

exclusion, that service in a joint duty assignment was excluded

in computing the average length of joint duty assignments.

(13) In any case in which the information under paragraphs (5)

through (9) shows a significant imbalance between officers

serving in joint duty assignments or having the joint specialty

and other officers, a description of what action has been taken

(or is planned to be taken) by the Secretary to correct the

imbalance.

(14)(A) An analysis of the extent to which the Secretary of

each military department is providing officers to fill that

department's share (as determined by law or by the Secretary of

Defense) of Joint Staff and other joint duty assignments,

including the reason for any significant failure by a military

department to fill its share of such positions and a discussion

of the actions being taken to correct the shortfall.

(B) An assessment of the extent to which the Secretary of each

military department is assigning personnel to joint duty

assignments in accordance with this chapter and the policies,

procedures, and practices established by the Secretary of Defense

under section 661(a) of this title.

(15) The number of times a waiver authority was exercised under

this chapter (or under any other provision of law which permits

the waiver of any requirement relating to joint duty assignments)

and in the case of each such authority -

(A) whether the authority was exercised for a general or flag

officer;

(B) an analysis of the reasons for exercising the authority;

and

(C) the number of times in which action was taken without

exercise of the waiver authority compared with the number of

times waiver authority was exercised (in the case of each

waiver authority under this chapter or under any other

provision of law which permits the waiver of any requirement

relating to joint duty assignments).

(16) The number of officers granted credit for service in joint

duty assignments under subparagraphs (E) and (F) of section

664(i)(4) of this title and -

(A) of those officers -

(i) the number of officers credited with having completed a

tour of duty in a joint duty assignment; and

(ii) the number of officers granted credit for purposes of

determining cumulative service in joint duty assignments; and

(B) the identity of each operation for which an officer has

been granted credit pursuant to subparagraphs (E) and (F) of

section 664(i)(4) of this title and a brief description of the

mission of the operation.

(17) With regard to each time the principal course of

instruction at the Joint Forces Staff College is offered -

(A) the number of officers selected to attend that course who

did not first complete while in residence at a professional

military education school operated by a military department the

principal course of instruction offered at that school;

(B) the number of those officers as a percentage of all

officers who attended that course of instruction at the Joint

Forces Staff College;

(C) a description of the different reasons why officers were

selected to attend that course without first attending the

principal course of instruction offered at a professional

military education school operated by a military department;

and

(D) the number of officers so selected for each such reason.

(18) Such other information and comparative data as the

Secretary of Defense considers appropriate to demonstrate the

performance of the Department of Defense and the performance of

each military department in carrying out this chapter.

-SOURCE-

(Added Pub. L. 99-433, title IV, Sec. 401(a), Oct. 1, 1986, 100

Stat. 1029; amended Pub. L. 100-180, div. A, title XIII, Sec.

1304(a), Dec. 4, 1987, 101 Stat. 1172; Pub. L. 100-456, div. A,

title V, Sec. 512(b), Sept. 29, 1988, 102 Stat. 1968; Pub. L.

101-189, div. A, title XI, Sec. 1123(d), Nov. 29, 1989, 103 Stat.

1557; Pub. L. 104-106, div. A, title V, Sec. 501(c), Feb. 10,

1996, 110 Stat. 292; Pub. L. 107-107, div. A, title V, Sec. 524,

title X, Sec. 1048(a)(7), Dec. 28, 2001, 115 Stat. 1098, 1223.)

-MISC1-

AMENDMENTS

2001 - Par. (1). Pub. L. 107-107, Sec. 524(1), designated

existing provisions as subpar. (A) and added subpar. (B).

Par. (2). Pub. L. 107-107, Sec. 524(2), amended par. (2)

generally. Prior to amendment, par. (2) read as follows: ''The

military occupational specialties within each of the armed forces

that have been designated as critical occupational specialties

under section 661(c)(2) of this title, separately identifying those

specialties for which there is a severe shortage of trained

officers, together with an explanation of how those specialties

meet the criteria for that designation in section 661(c)(2)(B) of

this title.''

Par. (3)(A), (B). Pub. L. 107-107, Sec. 524(3)(A), substituted

''selected'' for ''nominated''.

Par. (3)(D). Pub. L. 107-107, Sec. 524(3)(B), inserted ''and''

after semicolon at end.

Par. (3)(E), (F). Pub. L. 107-107, Sec. 524(3)(C), (D),

redesignated subpar. (F) as (E) and struck out former subpar. (E)

which read as follows: ''have been selected for the joint

specialty; and''.

Par. (4)(A). Pub. L. 107-107, Sec. 524(4), substituted

''selected'' for ''nominated''.

Par. (14). Pub. L. 107-107, Sec. 524(5), designated existing

provisions as subpar. (A) and added subpar. (B).

Par. (16). Pub. L. 107-107, Sec. 524(6), substituted

''subparagraphs (E) and (F) of section 664(i)(4)'' for ''section

664(i)'' in introductory provisions and in subpar. (B).

Par. (17). Pub. L. 107-107, Sec. 1048(a)(7), substituted ''Joint

Forces Staff College'' for ''Armed Forces Staff College'' in

introductory provisions and in subpar. (B).

1996 - Par. (16). Pub. L. 104-106 added par. (16) and struck out

former par. (16) which read as follows: ''During the period of the

applicability of the first sentence of subparagraph (B) of section

661(d)(2) of this title, information on critical positions not

filled by officers with the joint specialty, including -

''(A) a listing by organization of the joint duty assignment

positions which were not filled by officers with the joint

specialty;

''(B) an explanation of the reasons such positions were not

filled by officers with the joint specialty, described by the

categories of such reasons; and

''(C) the percentage of critical joint duty assignment

positions held by officers who have the joint specialty.''

1989 - Pars. (17), (18). Pub. L. 101-189 added par. (17) and

redesignated former par. (17) as (18).

1988 - Pars. (16), (17). Pub. L. 100-456 added par. (16) and

redesignated former par. (16) as (17).

1987 - Par. (2). Pub. L. 100-180, Sec. 1304(a)(1), (2), added

par. (2) and redesignated former par. (2) as (5).

Par. (3). Pub. L. 100-180, Sec. 1304(a)(1), (2), added par. (3)

and redesignated former par. (3) as (6).

Par. (4). Pub. L. 100-180, Sec. 1304(a)(1), (2), added par. (4)

and redesignated former par. (4) as (7).

Par. (5). Pub. L. 100-180, Sec. 1304(a)(1), redesignated former

par. (2) as (5) and former par. (5) as (8).

Par. (6). Pub. L. 100-180, Sec. 1304(a)(1), (3), redesignated

former par. (3) as (6) and substituted ''paragraph (5)'' for

''paragraph (2)''. Former par. (6) redesignated (10).

Par. (7). Pub. L. 100-180, Sec. 1304(a)(1), (3), redesignated

former par. (4) as (7) and substituted ''paragraph (5)'' for

''paragraph (2)''. Former par. (7) redesignated (11).

Par. (8). Pub. L. 100-180, Sec. 1304(a)(1), (3), redesignated

former par. (5) as (8) and substituted ''paragraph (5)'' for

''paragraph (2)''. Former par. (8) redesignated (13).

Par. (9). Pub. L. 100-180, Sec. 1304(a)(1), (4), added par. (9)

and redesignated former par. (9) as (14).

Par. (10). Pub. L. 100-180, Sec. 1304(a)(1), redesignated former

par. (6) as (10). Former par. (10) redesignated (16).

Par. (11). Pub. L. 100-180, Sec. 1304(a)(1), redesignated former

par. (7) as (11).

Par. (12). Pub. L. 100-180, Sec. 1304(a)(5), added par. (12).

Par. (13). Pub. L. 100-180, Sec. 1304(a)(1), (6), redesignated

former par. (8) as (13) and substituted ''paragraphs (5) through

(9)'' for ''paragraphs (2) through (5)''.

Par. (14). Pub. L. 100-180, Sec. 1304(a)(1), redesignated former

par. (9) as (14).

Par. (15). Pub. L. 100-180, Sec. 1304(a)(7), added par. (15).

Par. (16). Pub. L. 100-180, Sec. 1304(a)(1), redesignated former

par. (10) as (16).

EFFECTIVE DATE OF 1987 AMENDMENT

Section 1304(b) of Pub. L. 100-180 provided that: ''Paragraphs

(3) and (4) of section 667 of title 10, United States Code, as

added by subsection (a), shall apply with respect to fiscal years

after fiscal year 1987.''

ADDITIONAL INFORMATION TO BE INCLUDED IN FIVE ANNUAL JOINT OFFICER

POLICY REPORTS AFTER NOVEMBER 30, 1993

Pub. L. 103-160, div. A, title IX, Sec. 931(e), Nov. 30, 1993,

107 Stat. 1734, provided that: ''The Secretary of Defense shall

include as part of the information submitted to Congress pursuant

to section 667 of title 10, United States Code, for each of the

next five years after the date of the enactment of this Act (Nov.

30, 1993) the following:

''(1) The degree of progress made toward meeting the

requirements of section 619a of title 10, United States Code.

''(2) The compliance achieved with each of the plans developed

pursuant to subsection (d) (set out as a note under section 619a

of this title).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 664 of this title.

-CITE-

10 USC Sec. 668 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 38 - JOINT OFFICER MANAGEMENT

-HEAD-

Sec. 668. Definitions

-STATUTE-

(a) Joint Matters. - In this chapter, the term ''joint matters''

means matters relating to the integrated employment of land, sea,

and air forces, including matters relating to -

(1) national military strategy;

(2) strategic planning and contingency planning; and

(3) command and control of combat operations under unified

command.

(b) Joint Duty Assignment. - (1) The Secretary of Defense shall

by regulation define the term ''joint duty assignment'' for the

purposes of this chapter. That definition shall be limited to

assignments in which the officer gains significant experience in

joint matters and shall exclude -

(A) assignments for joint training or joint education; and

(B) assignments within an officer's own military department.

(2) The Secretary shall publish a list showing -

(A) the positions that are joint duty assignment positions

under such regulation and the number of such positions and, of

those positions, those that are positions held by general or flag

officers and the number of such positions; and

(B) of the positions listed under subparagraph (A), those that

are critical joint duty assignment positions and the number of

such positions and, of those positions, those that are positions

held by general or flag officers and the number of such

positions.

(c) Clarification of ''Tour of Duty''. - For purposes of this

chapter, a tour of duty in which an officer serves in more than one

joint duty assignment within the same organization without a break

between such assignments shall be considered to be a single tour of

duty in a joint duty assignment.

-SOURCE-

(Added Pub. L. 99-433, title IV, Sec. 401(a), Oct. 1, 1986, 100

Stat. 1029; amended Pub. L. 100-180, div. A, title XIII, Sec.

1302(c)(1), 1303(b), Dec. 4, 1987, 101 Stat. 1170, 1172; Pub. L.

100-456, div. A, title V, Sec. 519(b), Sept. 29, 1988, 102 Stat.

1972.)

-MISC1-

AMENDMENTS

1988 - Subsecs. (c), (f). Pub. L. 100-456 redesignated subsec.

(f) as (c).

1987 - Subsec. (b)(2). Pub. L. 100-180, Sec. 1302(c)(1), inserted

''and, of those positions, those that are positions held by general

or flag officers and the number of such positions'' in subpars. (A)

and (B).

Subsec. (f). Pub. L. 100-180, Sec. 1303(b), added subsec. (f).

PUBLICATION OF REVISED JOINT DUTY ASSIGNMENT LIST

Section 1302(c)(2) of Pub. L. 100-180 provided that: ''The

Secretary of Defense shall publish a revised list under section

668(b)(2) of title 10, United States Code, taking into account the

amendments made by this section (amending sections 661 and 668 of

this title), not later than six months after the date of the

enactment of this Act (Dec. 4, 1987).''

TRANSITION TO JOINT OFFICER PERSONNEL POLICY

The list of positions required to be published by subsec. (b)(2)

of this section to be published not later than six months after

Oct. 1, 1986, see section 406(a)(2) of Pub. L. 99-433, set out as a

note under section 661 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 661, 664 of this title.

-CITE-