-CITE- 10 USC CHAPTER 38 - JOINT OFFICER MANAGEMENT 01/03/2007 -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 officers who are joint qualified. 662. Promotion policy objectives for joint officers. 663. Joint duty assignments after completion of joint professional military 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. AMENDMENTS 2006 - Pub. L. 109-364, div. A, title V, Sec. 516(e)(2), Oct. 17, 2006, 120 Stat. 2189, substituted "officers who are joint qualified" for "joint specialty officers" in item 661. 2004 - Pub. L. 108-375, div. A, title V, Sec. 532(c)(2)(B), Oct. 28, 2004, 118 Stat. 1900, substituted "Joint duty assignments after completion of joint professional military education" for "Education" in item 663. -End- -CITE- 10 USC Sec. 661 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART II - PERSONNEL CHAPTER 38 - JOINT OFFICER MANAGEMENT -HEAD- Sec. 661. Management policies for officers who are joint qualified -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. (b) Levels, Designation, and Numbers. - (1)(A) The Secretary of Defense shall establish different levels of joint qualification, as well as the criteria for qualification at each level. Such levels of joint qualification shall be established by the Secretary with the advice of the Chairman of the Joint Chiefs of Staff. Each level shall, as a minimum, have both joint education criteria and joint experience criteria. The purpose of establishing such qualification levels is to ensure a systematic, progressive, career-long development of officers in joint matters and to ensure that officers serving as general and flag officers have the requisite experience and education to be highly proficient in joint matters. (B) The number of officers who are joint qualified shall be determined by the Secretary of Defense, with the advice of the Chairman of the Joint Chiefs of Staff. Such number shall be large enough to meet the requirements of subsection (d). (2) Certain officers shall be designated as joint qualified by the Secretary of Defense with the advice of the Chairman of the Joint Chiefs of Staff. (3) An officer may be designated as joint qualified under paragraph (2) only if the officer - (A) meets the education and experience criteria of subsection (c); (B) meets such additional criteria as prescribed by the Secretary of Defense; and (C) holds the grade of captain or, in the case of the Navy, lieutenant or a higher grade. (4) The authority of the Secretary of Defense under paragraph (2) to designate officers as joint qualified may be delegated only to the Deputy Secretary of Defense or an Under Secretary of Defense. (c) Education and Experience Requirements. - (1) An officer may not be designated as joint qualified until the officer - (A) successfully completes an appropriate program of joint professional military education, as described in subsections (b) and (c) of section 2155 of this title, at a joint professional military education school; and (B) successfully completes - (i) a full tour of duty in a joint assignment, as described in section 664(f) of this title; or (ii) such other assignments and experiences in a manner that demonstrate the officer's mastery of knowledge, skills, and abilities in joint matters, as determined under such regulations and policy as the Secretary of Defense may prescribe. (2) Subject to paragraphs (3) through (6), the Secretary of Defense may waive the requirement under paragraph (1)(A) that an officer has successfully completed a program of education, as described in subsections (b) and (c) of section 2155 of this title. (3) In the case of an officer in a grade below brigadier general or rear admiral (lower half), a waiver under paragraph (2) may be granted only if - (A) the officer has completed two full tours of duty in a joint duty assignment, as described in section 664(f) of this title, in such a manner as to demonstrate the officer's mastery of knowledge, skills, and abilities on joint matters; and (B) the Secretary of Defense determines that the types of joint duty experiences completed by the officer have been of sufficient breadth to prepare the officer adequately for service as a general or flag officer in a joint duty assignment position. (4) In the case of a general or flag officer, a waiver under paragraph (2) may be granted only - (A) under unusual circumstances justifying the variation from the education requirement under paragraph (1)(A); and (B) under 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. (5) In the case of officers in grades below brigadier general or rear admiral (lower half), the total number of waivers granted under paragraph (2) for officers in the same pay grade during a fiscal year may not exceed 10 percent of the total number of officers in that pay grade designated as joint qualified during that fiscal year. (6) There may not be more than 32 general and flag officers on active duty at the same time who, while holding a general or flag officer position, were designated joint qualified (or were selected for the joint specialty before October 1, 2007) and for whom a waiver was granted under paragraph (2). (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 major or, in the case of the Navy, lieutenant commander are filled at any time by officers who have the appropriate level of joint qualification. (2) The Secretary of Defense, with the advice of the Chairman of the Joint Chiefs of Staff, shall designate an appropriate number of joint duty assignment positions as critical joint duty assignment positions. A position may be designated as a critical joint duty assignment position only if the duties and responsibilities of the position make it important that the occupant be particularly trained in, and oriented toward, joint matters. (3)(A) Subject to subparagraph (B), a position designated under paragraph (2) may be held only by an officer who - (i) was designated as joint qualified in accordance with this chapter; or (ii) was selected for the joint specialty before October 1, 2007. (B) The Secretary of Defense may waive the requirement in subparagraph (A) with respect to the assignment of an officer to a position designated under paragraph (2). Any such waiver shall be granted on a case-by-case basis. The authority of the Secretary to grant such a waiver may be delegated only to the Chairman of the Joint Chiefs of Staff. (4) The Secretary of Defense 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. (e) Career Guidelines. - The Secretary, with the advice of the Chairman of the Joint Chiefs of Staff, shall establish career guidelines for officers to achieve joint qualification and for officers who have been designated as joint qualified. 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 619a 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, Secs. 511, 512(a), 517(a), 518, Sept. 29, 1988, 102 Stat. 1968, 1971; Pub. L. 101-189, div. A, title XI, Secs. 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; Pub. L. 109-364, div. A, title V, Sec. 516(a)- (e)(1), Oct. 17, 2006, 120 Stat. 2187-2189.) -MISC1- AMENDMENTS 2006 - Pub. L. 109-364, Sec. 516(e)(1), substituted "officers who are joint qualified" for "joint specialty officers" in section catchline. Subsec. (a). Pub. L. 109-364, Sec. 516(a), struck out at end "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'." Subsecs. (b) to (d). Pub. L. 109-364, Sec. 516(b), amended subsecs. (b) to (d) generally. Prior to amendment, subsecs. (b) to (d) related to numbers and selection of officers with the joint specialty, education and experience requirements, and number of joint duty assignments. Subsec. (e). Pub. L. 109-364, Sec. 516(c), substituted "officers to achieve joint qualification and for officers who have been designated as joint qualified" for "officers with the joint specialty" in introductory provisions. Subsec. (f). Pub. L. 109-364, Sec. 516(d), substituted "619a" for "619(e)(1)". 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." EFFECTIVE DATE OF 2006 AMENDMENT Pub. L. 109-364, div. A, title V, Sec. 516(f), Oct. 17, 2006, 120 Stat. 2189, provided that: "The amendments made by this section [amending this section] shall take effect on October 1, 2007." TREATMENT OF CURRENT JOINT SPECIALTY OFFICERS Pub. L. 109-364, div. A, title V, Sec. 516(g), Oct. 17, 2006, 120 Stat. 2189, provided that: "For the purposes of chapter 38 of title 10, United States Code, and sections 154, 164, and 619a of such title, an officer who, as of September 30, 2007, has been selected for or has the joint specialty under section 661 of such title, as in effect on that date, shall be considered after that date to be an officer designated as joint qualified by the Secretary of Defense under section 661(b)(2) of such title, as amended by this section." IMPLEMENTATION PLAN Pub. L. 109-364, div. A, title V, Sec. 516(h), Oct. 17, 2006, 120 Stat. 2189, provided that: "(1) Plan required. - Not later than March 31, 2007, 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 plan for the implementation of the joint officer management system, which will take effect on October 1, 2007, as provided in subsection (f) [set out above], as a result of the amendments made by this section [amending this section] and other provisions of this Act [see Tables for classification] to provisions of chapter 38 of title 10, United States Code. "(2) Elements of plan. - In developing the plan required by this subsection, the Secretary shall pay particular attention to matters related to the transition of officers from the joint specialty system in effect before October 1, 2007, to the joint officer management system in effect after that date. At a minimum, the plan shall include the following: "(A) The policies and criteria to be used for designating officers as joint qualified on the basis of service performed by such officers before that date, had the amendments made by this section and other provisions of this Act to provisions of chapter 38 of title 10, United States Code, taken effect before the date of the enactment of this Act [Oct. 17, 2006]. "(B) The policies and criteria prescribed by the Secretary of Defense to be used in making determinations under section 661(c)(1)(B)(ii) of such title, as amended by this section. "(C) The recommendations of the Secretary for any legislative changes that may be necessary to effectuate the joint officer management system." 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 for exclusion from the limitation set forth in former subsec. (c)(3)(D) of this section of any officer selected for the joint specialty who, on Dec. 28, 2001, had met the requirements for nomination for the joint specialty, but had not been nominated before that date, and who had been automatically nominated before Dec. 2, 2002, and provided that such exclusion would terminate on Oct. 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, directed the Secretary of Defense to provide for an independent study of the joint officer management system and the joint professional military education system and to require the entity conducting the study to submit a report to Congress on the study not later than one year after Dec. 28, 2001. 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." -End- -CITE- 10 USC Sec. 662 01/03/2007 -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; and (2) officers who are serving in or have served in joint duty assignments 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; Pub. L. 108-375, div. A, title V, Sec. 535, Oct. 28, 2004, 118 Stat. 1901; Pub. L. 109-364, div. A, title V, Sec. 517, Oct. 17, 2006, 120 Stat. 2190.) -MISC1- AMENDMENTS 2006 - Subsec. (a). Pub. L. 109-364 inserted "and" at end of par. (1), added par. (2), and struck out former pars. (2) and (3) which read as follows: "(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, 2006, 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, 2006, 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." 2004 - Subsec. (a)(2). Pub. L. 108-375 substituted "December 27, 2006" for "December 27, 2004" in two places. 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". -End- -CITE- 10 USC Sec. 663 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART II - PERSONNEL CHAPTER 38 - JOINT OFFICER MANAGEMENT -HEAD- Sec. 663. Joint duty assignments after completion of joint professional military education -STATUTE- (a) Joint Specialty Officers. - The Secretary of Defense shall ensure that each officer with the joint specialty who graduates from a school within the National Defense University specified in subsection (c) 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). (b) Other Officers. - (1) The Secretary of Defense shall ensure that a high proportion (which shall be greater than 50 percent) of the officers graduating from a school within the National Defense University specified in subsection (c) 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 paragraph (2), as their second duty assignment after such graduation. (2) 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 paragraph (1) to be assigned to a joint duty assignment as their second (rather than first) assignment after such graduation from a school referred to in paragraph (1). (c) Covered Schools Within the National Defense University. - For purposes of this section, a school within the National Defense University specified in this subsection is one of the following: (1) The National War College. (2) The Industrial College of the Armed Forces. (3) The Joint Forces Staff College. -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; Pub. L. 108-375, div. A, title V, Sec. 532(b)-(c)(2)(A), Oct. 28, 2004, 118 Stat. 1900; Pub. L. 109- 364, div. A, title V, Sec. 518, Oct. 17, 2006, 120 Stat. 2190.) -MISC1- AMENDMENTS 2006 - Subsecs. (a), (b)(1). Pub. L. 109-364, Sec. 518(a)(1), (2)(A), substituted "a school within the National Defense University specified in subsection (c)" for "a joint professional military education school". Subsec. (b)(2). Pub. L. 109-364, Sec. 518(a)(2)(B), substituted "a school referred to in paragraph (1)" for "a joint professional military education school". Subsec. (c). Pub. L. 109-364, Sec. 518(b), added subsec. (c). 2004 - Pub. L. 108-375, Sec. 532(c)(2)(A), substituted "Joint duty assignments after completion of joint professional military education" for "Education" in section catchline. Subsec. (a). Pub. L. 108-375, Sec. 532(c)(1)(A), (B), redesignated subsec. (d)(1) as (a), inserted heading, and struck out heading and text of former subsec. (a) which related to capstone course for new general and flag officers. See section 2153 of this title. Subsec. (b). Pub. L. 108-375, Sec. 532(c)(1)(C)-(F), redesignated subsec. (d)(2)(A) as (b)(1) and substituted "in paragraph (2)" for "in subparagraph (B)", redesignated subsec. (d)(2)(B) as (b)(2) and substituted "in paragraph (1)" for "in subparagraph (A)", and inserted subsec. heading. Pub. L. 108-375, Sec. 532(b), transferred subsec. (b), relating to joint military education schools, to section 2152(b) of this title. Subsec. (c). Pub. L. 108-375, Sec. 532(b), transferred subsec. (c), relating to other professional military education schools, to section 2152(c) of this title. Subsec. (d). Pub. L. 108-375, Sec. 532(c)(1)(B), (C), (E), redesignated par. (1) as subsec. (a), redesignated subpars. (A) and (B) of par. (2) as pars. (1) and (2), respectively, of subsec. (b), and struck out heading "Post-Education Joint Duty Assignments". Subsec. (e). Pub. L. 108-375, Sec. 532(c)(1)(A), struck out heading and text of subsec. (e) which related to the duration of the principal course of instruction offered at the Joint Forces Staff College. See section 2156 of this title. 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 Pub. L. 99-433, title IV, Sec. 406(d), Oct. 1, 1986, 100 Stat. 1033, 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." -End- -CITE- 10 USC Sec. 664 01/03/2007 -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)(1)(B) 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 has a military occupational specialty designated under section 668(d) of this title as a critical occupational specialty; and (2) 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),(!1) 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, Secs. 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; Pub. L. 109-364, div. A, title V, Sec. 519(d)(1), Oct. 17, 2006, 120 Stat. 2191.) -REFTEXT- REFERENCES IN TEXT Section 662(a)(3) of this title, referred to in subsec. (i)(5), was repealed by Pub. L. 109-364, div. A, title V, Sec. 517(2), Oct. 17, 2006, 120 Stat. 2190. -MISC1- AMENDMENTS 2006 - Subsec. (c). Pub. L. 109-364, in introductory provisions, substituted "661(c)(1)(B)" for "661(c)(2)", redesignated pars. (2) and (3) as (1) and (2), respectively, in par. (1), substituted "668(d)" for "661(c)(2)", and struck out former par. (1) which read as follows: "who is nominated for the joint specialty;". 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). EFFECTIVE DATE OF 2006 AMENDMENT Pub. L. 109-364, div. A, title V, Sec. 519(e), Oct. 17, 2006, 120 Stat. 2191, provided that: "The amendments made by this section [amending this section and sections 667 and 668 of this title] shall take effect on October 1, 2007." 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 extension of authority until the end of the 90- day period beginning on Nov. 30, 1993, to give certain officers joint duty credit pursuant to Pub. L. 102-484, Sec. 933, formerly set out below. 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, temporarily authorized the Secretary of Defense to give an officer who had completed service during the period beginning on Aug. 2, 1990, and ending on Feb. 28, 1991, in an assignment in the Persian Gulf combat zone, credit, on a case-by-case basis, 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 this title, notwithstanding the length of such service or whether that service had been within the definition of "joint duty assignment" in section 668 of this title, and provided that such authority would expire at the end of the six- month period beginning on 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. -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 10 USC Sec. 665 01/03/2007 -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. -End- -CITE- 10 USC Sec. 666 01/03/2007 -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. -End- -CITE- 10 USC Sec. 667 01/03/2007 -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 668(d) 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; Pub. L. 109- 364, div. A, title V, Sec. 519(d)(2), Oct. 17, 2006, 120 Stat. 2191.) -MISC1- AMENDMENTS 2006 - Par. (3). Pub. L. 109-364 substituted "668(d)" for "661(c)(2)" in introductory provisions. 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 2006 AMENDMENT Amendment by Pub. L. 109-364 effective Oct. 1, 2007, see section 519(e) of Pub. L. 109-364, set out as a note under section 664 of this title. 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, directed the Secretary of Defense to include as part of the information submitted to Congress pursuant to this section for each of the next five years after Nov. 30, 1993, the degree of progress made toward meeting the requirements of section 619a of this title and the compliance achieved with each of the plans developed pursuant to Pub. L. 103-160, Sec. 931(d), formerly set out as a note under section 619a of this title. -End- -CITE- 10 USC Sec. 668 01/03/2007 -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. - (1) In this chapter, the term "joint matters" means matters related to the achievement of unified action by multiple military forces in operations conducted across domains such as land, sea, or air, in space, or in the information environment, including matters relating to - (A) national military strategy; (B) strategic planning and contingency planning; (C) command and control of operations under unified command; (D) national security planning with other departments and agencies of the United States; and (E) combined operations with military forces of allied nations. (2) In the context of joint matters, the term "multiple military forces" refers to forces that involve participants from the armed forces and one or more of the following: (A) Other departments and agencies of the United States. (B) The military forces or agencies of other countries. (C) Non-governmental persons or entities. (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 - (A) shall be limited to assignments in which the officer gains significant experience in joint matters; and (B) shall exclude assignments for joint training and education, except an assignment as an instructor responsible for preparing and presenting courses in areas of the curricula designated in section 2155(c) of this title as part of a program designated by the Secretary of Defense as joint professional military education Phase II. (2) The Secretary shall publish a joint duty assignment 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 without a break between such assignments shall be considered to be a single tour of duty in a joint duty assignment. (d) Critical Occupational Specialty. - (1) In this chapter, the term "critical occupational specialty" means a military occupational specialty involving combat operations within the combat arms, in the case of the Army, or the equivalent arms, in the case of the Navy, Air Force, and Marine Corps, that the Secretary of Defense designates as critical. (2) At a minimum, the Secretary of Defense shall designate as a critical occupational specialty under paragraph (1) any military occupational specialty within a combat arms (or the equivalent) that is experiencing a severe shortage of trained officers in that specialty, as determined by the Secretary. -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, Secs. 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; Pub. L. 108-375, div. A, title V, Sec. 534(a), (b), Oct. 28, 2004, 118 Stat. 1901; Pub. L. 109-364, div. A, title V, Sec. 519(a)- (c), Oct. 17, 2006, 120 Stat. 2190, 2191.) -MISC1- AMENDMENTS 2006 - Subsec. (a). Pub. L. 109-364, Sec. 519(a), amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: "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." Subsec. (b)(1). Pub. L. 109-364, Sec. 519(b), substituted provisions limiting the definition of "joint duty assignment" to assignments in which the officer gains significant experience in joint matters and excluding assignments for joint training and education, except an assignment as an instructor responsible for courses as part of a program designated as joint professional military education Phase II, for provisions limiting the definition of "joint duty assignment" to assignments in which the officer gains significant experience in joint matters and excluding assignments for joint training or joint education and assignments within an officer's own military department. Subsec. (d). Pub. L. 109-364, Sec. 519(c), added subsec. (d). 2004 - Subsec. (b)(2). Pub. L. 108-375, Sec. 534(a), substituted "a joint duty assignment list" for "a list" in introductory provisions. Subsec. (c). Pub. L. 108-375, Sec. 534(b), struck out "within the same organization" before "without a break". 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). EFFECTIVE DATE OF 2006 AMENDMENT Amendment by Pub. L. 109-364 effective Oct. 1, 2007, see section 519(e) of Pub. L. 109-364, set out as a note under section 664 of this title. EFFECTIVE DATE OF 2004 AMENDMENT Pub. L. 108-375, div. A, title V, Sec. 534(c), Oct. 28, 2004, 118 Stat. 1901, provided that: "The amendment made by subsection (b) [amending this section] shall not apply in the case of a joint duty assignment completed by an officer before the date of the enactment of this Act [Oct. 28, 2004], except in the case of an officer who has continued in joint duty assignments, without a break in service in such assignments, between the end of such assignment and the date of the enactment of this Act." PUBLICATION OF REVISED JOINT DUTY ASSIGNMENT LIST Pub. L. 100-180, div. A, title XIII, Sec. 1302(c)(2), Dec. 4, 1987, 101 Stat. 1170, directed the Secretary of Defense to publish a revised list under subsec. (b)(2) of this section not later than six months after Dec. 4, 1987, which would take into account the amendments to this section and section 661 of this title made by Pub. L. 100-180, Sec. 1302. 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. -End-