
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 521(a)]
[Document affected by Public Law 107-107 Section 526]
[CITE: 10USC661]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
                  CHAPTER 38--JOINT OFFICER MANAGEMENT
 
Sec. 661. Management policies for joint specialty officers

    (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. The Secretaries of the military departments shall nominate 
officers for selection for the joint specialty. Nominations shall be 
made from among 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 subparagraph.
    (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.

(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.)


                               Amendments

    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.''


  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.''

                  Section Referred to in Other Sections

    This section is referred to in sections 154, 164, 664, 665, 667 of 
this title.
