10 U.S.C. § 668 — Definitions

Page 651 TITLE 10—ARMED FORCES § 668 RETROACTIVE JOINT SERVICE CREDIT FOR DUTY IN CERTAIN JOINT TASK FORCES Pub. L. 107–107, div. A, title V, § 523, Dec. 28, 2001, 115 Stat. 1097, provided that, in accordance with subsec. (i) of this section, the Secretary of Defense was authorized to award joint service credit to any officer who served on the staff of a United States joint task force head- quarters in certain operations and during certain peri- ods, and the Secretary was required to submit to Con- gress a report of the numbers, by service, grade, and op- eration, of the officers given joint service credit not later than one year after Dec. 28, 2001. JOINT DUTY CREDIT FOR CERTAIN DUTY PERFORMED DURING OPERATIONS DESERT SHIELD AND DESERT STORM Pub. L. 103–160, div. A, title IX, § 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, § 933, formerly set out below. Pub. L. 102–484, div. A, title IX, § 933, Oct. 23, 1992, 106 Stat. 2476, as amended by Pub. L. 103–35, title II, § 202(a)(9), May 31, 1993, 107 Stat. 101; Pub. L. 103–160, div. A, title IX, § 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 Pub. L. 99–433, title IV, § 406(e), Oct. 1, 1986, 100 Stat. 1034, 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 assign- ments 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 sec- tion, only joint duty assignments to which such sub- section 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. § 665. Procedures for monitoring careers of joint qualified officers (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 designated as a joint qualified of- ficer; and (B) other officers who serve in joint duty as- signments. (2) Such oversight shall include monitoring of the implementation of the career guidelines es- tablished 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 as- signments of officers designated as a joint qualified officer and of other officers who have served in joint duty assignments; and (2) otherwise advise the Chairman on joint personnel matters. (Added Pub. L. 99–433, title IV, § 401(a), Oct. 1, 1986, 100 Stat. 1028; amended Pub. L. 110–417, [div. A], title V, § 522(c)(1), (2), Oct. 14, 2008, 122 Stat. 4445.) Editorial Notes AMENDMENTS 2008—Pub. L. 110–417 in section catchline substituted ‘‘joint qualified officers’’ for ‘‘joint officers’’ and in subsecs. (a)(1)(A) and (b)(1) substituted ‘‘designated as a joint qualified officer’’ for ‘‘with the joint specialty’’. Statutory Notes and Related Subsidiaries TRANSITION TO JOINT OFFICER PERSONNEL POLICY Procedures under subsec. (a) of this section to be es- tablished not later than the end of the eight-month pe- riod 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. § 666. Reserve officers not on the active-duty list The Secretary of Defense shall establish per- sonnel policies emphasizing education and expe- rience in joint matters for reserve officers not on the active-duty list. Such policies shall, to the extent practicable for the reserve compo- nents, be similar to the policies provided by this chapter. (Added Pub. L. 99–433, title IV, § 401(a), Oct. 1, 1986, 100 Stat. 1028.) Statutory Notes and Related Subsidiaries TRANSITION TO JOINT OFFICER PERSONNEL POLICY Personnel policies under this section to be estab- lished 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. [§ 667. Repealed. Pub. L. 113–291, div. A, title V, § 505(a)(1), Dec. 19, 2014, 128 Stat. 3356] Section, added Pub. L. 99–433, title IV, § 401(a), Oct. 1, 1986, 100 Stat. 1029; amended Pub. L. 100–180, div. A, title XIII, § 1304(a), Dec. 4, 1987, 101 Stat. 1172; Pub. L. 100–456, div. A, title V, § 512(b), Sept. 29, 1988, 102 Stat. 1968; Pub. L. 101–189, div. A, title XI, § 1123(d), Nov. 29, 1989, 103 Stat. 1557; Pub. L. 104–106, div. A, title V, § 501(c), Feb. 10, 1996, 110 Stat. 292; Pub. L. 107–107, div. A, title V, § 524, title X, § 1048(a)(7), Dec. 28, 2001, 115 Stat. 1098, 1223; Pub. L. 109–364, div. A, title V, § 519(d)(2), Oct. 17, 2006, 120 Stat. 2191; Pub. L. 110–417, [div. A], title V, § 522(d), Oct. 14, 2008, 122 Stat. 4445; Pub. L. 111–84, div. A, title V, § 503, Oct. 28, 2009, 123 Stat. 2277, related to annual report to Congress. § 668. Definitions (a) JOINT MATTERS.—(1) In this chapter, the term ‘‘joint matters’’ means matters related to any of the following: (A) The development or achievement of stra- tegic objectives through the synchronization, coordination, and organization of integrated forces in operations conducted across domains, such as land, sea, or air, in space, or in the in- formation environment, including matters re- lating to any of the following: Page 652 TITLE 10—ARMED FORCES § 668 (i) National military strategy. (ii) Strategic planning and contingency planning. (iii) Command and control, intelligence, fires, movement and maneuver, protection or sustainment of operations under unified command. (iv) National security planning with other departments and agencies of the United States. (v) Combined operations with military forces of allied nations. (B) Acquisition matters conducted by mem- bers of the armed forces and covered under chapter 87 of this title involved in developing, testing, contracting, producing, or fielding of multi-service programs or systems. (C) Other matters designated in regulation by the Secretary of Defense in consultation with the Chairman of the Joint Chiefs of Staff. (2) In the context of joint matters, the term ‘‘integrated forces’’ refers to military forces that are involved in achieving unified action with participants from— (A) more than one military department; or (B) a military department and one or more of the following: (i) Other departments and agencies of the United States. (ii) The military forces or agencies of other countries. (iii) Non-governmental persons or entities. (b) JOINT DUTY ASSIGNMENT.—(1) The Sec- retary 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— (i) the preponderance of the duties of the officer involve joint matters and (ii) the officer gains significant experience in joint matters; and (B) shall exclude student assignments for joint training and education. (2) The Secretary shall publish a joint duty as- signment list showing— (A) the positions that are joint duty assign- ment positions under such regulation and the number of such positions and, of those posi- tions, those that are positions held by general or flag officers and the number of such posi- tions; and (B) of the positions listed under subpara- graph (A), those that are critical joint duty as- signment positions and the number of such po- sitions 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 as- signment without a break between such assign- ments shall be considered to be a single tour of duty in a joint duty assignment. (Added Pub. L. 99–433, title IV, § 401(a), Oct. 1, 1986, 100 Stat. 1029; amended Pub. L. 100–180, div. A, title XIII, §§ 1302(c)(1), 1303(b), Dec. 4, 1987, 101 Stat. 1170, 1172; Pub. L. 100–456, div. A, title V, § 519(b), Sept. 29, 1988, 102 Stat. 1972; Pub. L. 108–375, div. A, title V, § 534(a), (b), Oct. 28, 2004, 118 Stat. 1901; Pub. L. 109–364, div. A, title V, § 519(a)–(c), Oct. 17, 2006, 120 Stat. 2190, 2191; Pub. L. 111–383, div. A, title V, § 521, Jan. 7, 2011, 124 Stat. 4214; Pub. L. 112–239, div. A, title V, § 503, Jan. 2, 2013, 126 Stat. 1715; Pub. L. 114–92, div. A, title VIII, § 843, Nov. 25, 2015, 129 Stat. 915; Pub. L. 114–328, div. A, title V, § 510A, Dec. 23, 2016, 130 Stat. 2111.) Editorial Notes AMENDMENTS 2016—Subsec. (a)(1). Pub. L. 114–328, § 510A(a), amend- ed par. (1) generally. Prior to amendment, par. (1) read as follows: ‘‘In this chapter, the term ‘joint matters’ means matters related to the achievement of unified action by integrated military forces in operations con- ducted 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 uni- fied command; ‘‘(D) national security planning with other depart- ments and agencies of the United States; ‘‘(E) combined operations with military forces of allied nations; or ‘‘(F) acquisition matters addressed by military per- sonnel and covered under chapter 87 of this title.’’ Subsec. (a)(2). Pub. L. 114–328, § 510A(b), substituted ‘‘integrated forces’’ for ‘‘integrated military forces’’ and ‘‘achieving unified action with’’ for ‘‘the planning or execution (or both) of operations involving’’ in intro- ductory provisions. Subsec. (b)(1)(A). Pub. L. 114–328, § 510A(c), added sub- par. (A) and struck out former subpar. (A) which read as follows: ‘‘shall be limited to assignments in which the officer gains significant experience in joint mat- ters; and’’. Subsec. (d). Pub. L. 114–328, § 510A(d), struck out sub- sec. (d). Text read as follows: ‘‘(1) In this chapter, the term ‘critical occupational specialty’ means a military occupational specialty in- volving 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 with- in a combat arms (or the equivalent) that is experi- encing a severe shortage of trained officers in that spe- cialty, as determined by the Secretary.’’ 2015—Subsec. (a)(1)(F). Pub. L. 114–92 added subpar. (F). 2013—Subsec. (b)(1)(B). Pub. L. 112–239 substituted ‘‘student assignments for joint training and education’’ for ‘‘assignments for joint training and education, ex- cept an assignment as an instructor responsible for pre- paring 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’’. 2011—Subsec. (a)(1). Pub. L. 111–383, § 521(1)(A), sub- stituted ‘‘integrated’’ for ‘‘multiple’’ in introductory provisions. Subsec. (a)(1)(D). Pub. L. 111–383, § 521(1)(B), sub- stituted ‘‘or’’ for ‘‘and’’. Subsec. (a)(2). Pub. L. 111–383, § 521(2), added par. (2) and struck out former par. (2), which read as follows: ‘‘In the context of joint matters, the term ‘multiple military forces’ refers to forces that involve partici- pants from the armed forces and one or more of the fol- lowing: ‘‘(A) Other departments and agencies of the United States. Page 653 TITLE 10—ARMED FORCES § 668 ‘‘(B) The military forces or agencies of other coun- tries. ‘‘(C) Non-governmental persons or entities.’’ 2006—Subsec. (a). Pub. L. 109–364, § 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 in- tegrated employment of land, sea, and air forces, in- cluding 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, § 519(b), substituted provisions limiting the definition of ‘‘joint duty assign- ment’’ to assignments in which the officer gains sig- nificant experience in joint matters and excluding as- signments for joint training and education, except an assignment as an instructor responsible for courses as part of a program designated as joint professional mili- tary education Phase II, for provisions limiting the def- inition 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, § 519(c), added subsec. (d). 2004—Subsec. (b)(2). Pub. L. 108–375, § 534(a), sub- stituted ‘‘a joint duty assignment list’’ for ‘‘a list’’ in introductory provisions. Subsec. (c). Pub. L. 108–375, § 534(b), struck out ‘‘with- in 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, § 1302(c)(1), in- serted ‘‘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, § 1303(b), added subsec. (f). Statutory Notes and Related Subsidiaries 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, § 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, § 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 sec- tion and section 661 of this title made by Pub. L. 100–180, § 1302. TRANSITION TO JOINT OFFICER PERSONNEL POLICY The list of positions required to be published by sub- sec. (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. CHAPTER 39—ACTIVE DUTY Sec. 671. Members not to be assigned outside United States before completing training. Sec. 671a. Members: service extension during war. 671b. Members: service extension when Congress is not in session. 672. Reference to chapter 1209. 673. Consideration of application for permanent change of station or unit transfer for mem- bers on active duty who are the victim of a sexual assault or related offense. 674. Temporary administrative reassignment or removal of a member on active duty ac- cused of committing a sexual assault or re- lated offense. [675 to 687. Renumbered.] 688. Retired members: authority to order to active duty; duties. 688a. Authority to order to active duty in high-de- mand, low-density assignments. 689. Retired members: grade in which ordered to active duty and upon release from active duty. 690. Retired members ordered to active duty: limi- tation on number. [691. Repealed.] Editorial Notes AMENDMENTS 2023—Pub. L. 118–31, div. A, title V, § 521(b), Dec. 22, 2023, 137 Stat. 249, substituted ‘‘Authority to order to active duty in high-demand, low-density assignments’’ for ‘‘Retired members: temporary authority to order to active duty in high-demand, low-density assignments’’ in item 688a. 2022—Pub. L. 117–263, div. A, title IV, § 402(a)(2), Dec. 23, 2022, 136 Stat. 2551, struck out item 691 ‘‘Permanent end strength levels to support the National Defense Strategy’’. 2021—Pub. L. 117–81, div. A, title X, § 1081(a)(12), Dec. 27, 2021, 135 Stat. 1920, inserted period at end of item 691. Pub. L. 116–283, div. A, title IV, § 402(b), Jan. 1, 2021, 134 Stat. 3556, added item 691 and struck out former item 691 ‘‘Permanent end strength levels to support two major regional contingencies’’. 2013—Pub. L. 113–66, div. A, title XVII, § 1713(b), Dec. 26, 2013, 127 Stat. 964, added item 674. 2011—Pub. L. 112–81, div. A, title V, § 582(b), Dec. 31, 2011, 125 Stat. 1432, added item 673. 2006—Pub. L. 109–364, div. A, title VI, § 621(d)(2)(B), Oct. 17, 2006, 120 Stat. 2255, substituted ‘‘Retired mem- bers: temporary authority to order to active duty in high-demand, low-density assignments’’ for ‘‘Retired aviators: temporary authority to order to active duty’’ in item 688a. 2002—Pub. L. 107–314, div. A, title V, § 503(a)(2), Dec. 2, 2002, 116 Stat. 2530, added item 688a. 1996—Pub. L. 104–201, div. A, title V, § 521(c), Sept. 23, 1996, 110 Stat. 2517, added items 688, 689, and 690 and struck out former item 688 ‘‘Retired members’’. Pub. L. 104–106, div. A, title IV, § 401(b)(2), title XV, § 1501(c)(7), Feb. 10, 1996, 110 Stat. 286, 499, struck out items 687 ‘‘Ready Reserve: muster duty’’ and 690 ‘‘Limi- tation on duty with Reserve Officer Training Corps units’’ and added item 691. 1994—Pub. L. 103–337, div. A, title XVI, § 1671(b)(7), Oct. 5, 1994, 108 Stat. 3013, substituted ‘‘Reference to chapter 1209’’ for ‘‘Reserve components generally’’ in item 672 and struck out former items 673 to 686 and 689. 1991—Pub. L. 102–190, div. A, title X, § 1061(a)(4)(B), Dec. 5, 1991, 105 Stat. 1472, substituted ‘‘Corps’’ for ‘‘Corp’’ in item 690. Pub. L. 102–25, title VII, § 701(e)(3), Apr. 6, 1991, 105 Stat. 114, transferred item 687 ‘‘Limitation on duty with Reserve Officer Training Corp units’’ to appear after item 689 and redesignated that item as 690. 1990—Pub. L. 101–510, div. A, title V, § 559(a)(2), Nov. 5, 1990, 104 Stat. 1571, added item 687 ‘‘Limitation on duty with Reserve Officer Training Corp units’’.