10 U.S.C. § 620 — Active-duty lists

Page 605 TITLE 10—ARMED FORCES § 620 Subsec. (b)(4). Pub. L. 108–375, § 533(b), substituted ‘‘if the officer’s’’ for ‘‘if— ‘‘(A) at least 180 days of that joint duty assignment have been completed on the date of the convening of that selection board; and ‘‘(B) the officer’s’’. 2001—Subsec. (a). Pub. L. 107–107, § 525(a), substituted ‘‘unless—’’ and pars. (1) and (2) for ‘‘unless the officer has completed a full tour of duty in a joint duty assign- ment (as described in section 664(f) of this title).’’ Subsec. (b). Pub. L. 107–107, § 525(b), in introductory provisions, substituted ‘‘may waive paragraph (1) or paragraph (2) of subsection (a), or both paragraphs (1) and (2) of subsection (a), in the following cir- cumstances:’’ for ‘‘may waive subsection (a) in the fol- lowing circumstances:’’. 1999—Subsec. (g). Pub. L. 106–65, § 508(a), amended heading and text of subsec. (g) generally. Prior to amendment, subsec. (g) authorized the Secretary until Jan. 1, 1999, to waive subsecs. (a) and (d) for certain of- ficers and contained restrictions on appointments of those officers. Subsec. (h). Pub. L. 106–65, § 508(b), substituted ‘‘An officer of the Navy’’ for ‘‘(1) Until January 1, 1997, an officer of the Navy’’ and ‘‘who before January 1, 1997, is’’ for ‘‘may be’’ and struck out ‘‘. An officer so ap- pointed’’ before ‘‘may not be appointed’’ and par. (2) which read as follows: ‘‘Not later than March 1 of each year from 1994 through 1997, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives a report on the implemen- tation during the preceding calendar year of the transi- tion plan developed by the Secretary pursuant to sec- tion 1305(b) of Public Law 100–180 (10 U.S.C. 619a note) with respect to service by qualified nuclear propulsion officers in joint duty assignments.’’ 1996—Subsec. (h)(2). Pub. L. 104–106 substituted ‘‘Com- mittee on Armed Services of the Senate and the Com- mittee on National Security of the House of Represent- atives’’ for ‘‘Committees on Armed Services of the Sen- ate and House of Representatives’’. Statutory Notes and Related Subsidiaries PROPOSED LEGISLATIVE CHANGES Pub. L. 107–107, div. A, title V, § 525(c), Dec. 28, 2001, 115 Stat. 1099, directed the Secretary of Defense to sub- mit to Congress, not later than Dec. 1, 2002, a draft pro- posal for such legislative changes to this section as the Secretary considered were needed to implement the amendment made to this section by section 525(a), (b) of Pub. L. 107–107. REPORT ON PLANS FOR COMPLIANCE Pub. L. 103–160, div. A, title IX, § 931(d), Nov. 30, 1993, 107 Stat. 1734, directed the Secretary of Defense to cer- tify to Congress, not later than Feb. 1, 1994, that the Army, Navy, Air Force, and Marine Corps had each de- veloped and implemented a plan for officer personnel assignment and promotion policies so as to ensure com- pliance with the requirements of this section, and pro- vided that each such plan should ensure that by Jan. 1, 1999, the service covered by the plan would have enough officers who had completed a full tour of duty in a joint duty assignment so as to permit the orderly promotion of officers to brigadier general or, in the case of the Navy, rear admiral (lower half). PLAN FOR SERVICE BY QUALIFIED NUCLEAR PROPULSION OFFICERS IN JOINT DUTY ASSIGNMENTS BY JANUARY 1, 1997; IMPLEMENTATION; REPORT Pub. L. 103–160, div. A, title IX, § 931(f)(2), Nov. 30, 1993, 107 Stat. 1734, as amended by Pub. L. 103–337, div. A, title X, § 1070(b)(8)(A), Oct. 5, 1994, 108 Stat. 2857, di- rected the Secretary of Defense to revise the transition plan developed pursuant to Pub. L. 100–180, § 1305(b), for- merly set out below, and to report on the revisions. Pub. L. 100–456, div. A, title V, § 515(a)(3), Sept. 29, 1988, 102 Stat. 1970, directed the Secretary of Defense to revise the transition plan developed pursuant to Pub. L. 100–180, § 1305(b), formerly set out below, and to re- port on the revisions. Pub. L. 100–180, div. A, title XIII, § 1305(b)–(d), Dec. 4, 1987, 101 Stat. 1173, 1174, as amended by Pub. L. 100–456, div. A, title V, § 515(a)(2), Sept. 29, 1988, 102 Stat. 1970; Pub. L. 103–160, div. A, title IX, § 931(f)(1), (3), Nov. 30, 1993, 107 Stat. 1734; Pub. L. 103–337, div. A, title X, § 1070(b)(8), Oct. 5, 1994, 108 Stat. 2857, directed the Sec- retary of Defense to develop and carry out a transition plan, to be implemented no later than six months after Dec. 4, 1987, for ensuring that during the period before Jan. 1, 1997, the maximum practicable number of offi- cers of the Navy who were qualified nuclear propulsion officers had served in joint duty assignments and that by Jan. 1, 1997, the maximum practicable number of qualified nuclear propulsion officers in the grade of captain had qualified for appointment to the grade of rear admiral (lower half) by completing a full tour of duty in a joint duty assignment, and directed the Sec- retary to submit to committees of Congress on the date on which the plan was implemented a copy of the plan and a report explaining how the plan had fulfilled ob- jectives. § 620. Active-duty lists (a) The Secretary of the military department concerned shall maintain a single list of all offi- cers (other than officers described in section 641 of this title) who are on active duty for each armed force under his jurisdiction (other than the Coast Guard when it is operating as a serv- ice in the Navy). (b) Officers shall be carried on the active-duty list of the armed force of which they are mem- bers in the order of seniority of the grade in which they are serving on active duty. Officers serving in the same grade shall be carried in the order of their rank in that grade. (c) An officer whose position on the active- duty list results from service under a temporary appointment or in a grade held by reason of as- signment to a position has, when that appoint- ment or assignment ends, the grade and position on the active-duty list that he would have held if he had not received that appointment or as- signment. (d) Under regulations prescribed by the Sec- retary of the military department concerned, a reserve officer who is ordered to active duty (whether voluntarily or involuntarily) during a war or national emergency and who would oth- erwise be placed on the active-duty list may be excluded from that list as determined by the Secretary concerned. Exclusion of an officer from the active-duty list as the result of action by the Secretary concerned under the preceding sentence shall expire not later than 24 months after the date on which the officer enters active duty under an order to active duty covered by that sentence. (Added Pub. L. 96–513, title I, § 105, Dec. 12, 1980, 94 Stat. 2855; amended Pub. L. 103–337, div. A, title XVI, § 1624, Oct. 5, 1994, 108 Stat. 2961; Pub. L. 104–106, div. A, title XV, § 1501(a)(1), Feb. 10, 1996, 110 Stat. 495.) Editorial Notes AMENDMENTS 1996—Subsec. (d). Pub. L. 104–106 made technical amendment to Pub. L. 103–337, § 1624. See 1994 Amend- ment note below. Page 606 TITLE 10—ARMED FORCES § 621 1994—Subsec. (d). Pub. L. 103–337, § 1624, as amended by Pub. L. 104–106, added subsec. (d). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–106 effective as if included in the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104–106, set out as a note under section 113 of this title. EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–337 effective Oct. 1, 1996, see section 1691(b)(1) of Pub. L. 103–337, set out as a note under section 10001 of this title. EFFECTIVE DATE Section effective Sept. 15, 1981, but the authority to prescribe regulations under this section effective on Dec. 12, 1980, see section 701 of Pub. L. 96–513, set out as an Effective Date of 1980 Amendment note under sec- tion 101 of this title. TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. TRANSITION PROVISIONS UNDER DEFENSE OFFICER PERSONNEL MANAGEMENT ACT Regulations prescribed under this section applicable to establishment of initial active-duty lists, see section 621(a) of Pub. L. 96–513, set out as a note under section 611 of this title. § 621. Competitive categories for promotion Under regulations prescribed by the Secretary of Defense, the Secretary of each military de- partment shall establish competitive categories for promotion. Each officer whose name appears on an active-duty list shall be carried in a com- petitive category of officers. Officers in the same competitive category shall compete among themselves for promotion. (Added Pub. L. 96–513, title I, § 105, Dec. 12, 1980, 94 Stat. 2856.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Sept. 15, 1981, but the authority to prescribe regulations under this section effective on Dec. 12, 1980, see section 701 of Pub. L. 96–513, set out as an Effective Date of 1980 Amendment note under sec- tion 101 of this title. § 622. Numbers to be recommended for pro- motion Before convening a selection board under sec- tion 611(a) of this title for any grade and com- petitive category, the Secretary of the military department concerned, under regulations pre- scribed by the Secretary of Defense, shall deter- mine (1) the number of positions needed to ac- complish mission objectives which require offi- cers of such competitive category in the grade to which the board will recommend officers for promotion, (2) the estimated number of officers needed to fill vacancies in such positions during the period in which it is anticipated that offi- cers selected for promotion will be promoted, and (3) the number of officers authorized by the Secretary of the military department concerned to serve on active duty in the grade and com- petitive category under consideration. Based on such determinations, the Secretary of the mili- tary department concerned shall determine the maximum number of officers in such competi- tive category which the selection board may recommend for promotion. (Added Pub. L. 96–513, title I, § 105, Dec. 12, 1980, 94 Stat. 2856.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Sept. 15, 1981, but the authority to prescribe regulations under this section effective on Dec. 12, 1980, see section 701 of Pub. L. 96–513, set out as an Effective Date of 1980 Amendment note under sec- tion 101 of this title. § 623. Establishment of promotion zones (a) Before convening a selection board under section 611(a) of this title to consider officers for promotion to any grade above first lieutenant or lieutenant (junior grade), the Secretary of the military department concerned shall establish a promotion zone for officers serving in each grade and competitive category to be considered by the board. (b) The Secretary concerned shall determine the number of officers in the promotion zone for officers serving in any grade and competitive category from among officers who are eligible for promotion in that grade and competitive category. Such determination shall be made on the basis of an estimate of— (1) the number of officers needed in that competitive category in the next higher grade in each of the next five years; (2) the number of officers to be serving in that competitive category in the next higher grade in each of the next five years; (3) in the case of a promotion zone for offi- cers to be promoted to a grade to which sec- tion 523 of this title is applicable, the number of officers authorized for such grade under such section to be on active duty on the last day of each of the next five fiscal years; and (4) the number of officers that should be placed in that promotion zone in each of the next five years to provide to officers in those years relatively similar opportunity for pro- motion. (Added Pub. L. 96–513, title I, § 105, Dec. 12, 1980, 94 Stat. 2856.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Sept. 15, 1981, but the authority to prescribe regulations under this section effective on Dec. 12, 1980, see section 701 of Pub. L. 96–513, set out as an Effective Date of 1980 Amendment note under sec- tion 101 of this title. § 624. Promotions: how made (a)(1) When the report of a selection board con- vened under section 611(a) of this title is ap-