10 U.S.C. § 619a — Eligibility for consideration for pro-

Page 604 TITLE 10—ARMED FORCES § 619a EFFECTIVE DATE Section effective Sept. 15, 1981, but the authority to prescribe regulations under this subchapter 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. TRANSITION PROVISIONS UNDER DEFENSE OFFICER PERSONNEL MANAGEMENT ACT For provisions to prevent extinction or premature termination of rights, duties, penalties, or proceedings that existed or were begun prior to the effective date of Pub. L. 96–513 and otherwise to allow for an orderly transition to the system of officer personnel manage- ment put in place under Pub. L. 96–513, see section 601 et seq. of Pub. L. 96–513, set out as a note under section 611 of this title. § 619a. Eligibility for consideration for pro- motion: designation as joint qualified officer required before promotion to general or flag grade; exceptions (a) GENERAL RULE.—An officer on the active- duty list of the Army, Navy, Air Force, Marine Corps, or Space Force may not be appointed to the grade of brigadier general or rear admiral (lower half) unless the officer has been des- ignated as a joint qualified officer in accordance with section 661 of this title. (b) EXCEPTIONS.—Subject to subsection (c), the Secretary of Defense may waive subsection (a) in the following circumstances: (1) When necessary for the good of the serv- ice. (2) In the case of an officer whose proposed selection for promotion is based primarily upon scientific and technical qualifications for which joint requirements do not exist. (3) In the case of— (A) a medical officer, dental officer, veteri- nary officer, medical service officer, nurse, or biomedical science officer; (B) a chaplain; or (C) a judge advocate. (4) In the case of an officer selected by a pro- motion board for appointment to the grade of brigadier general or rear admiral (lower half) while serving in a joint duty assignment if the officer’s total consecutive service in joint duty assignments is not less than two years and the officer has successfully completed a program of education described in subsections (b) and (c) of section 2155 of this title. (5) In the case of an officer who served in a joint duty assignment that began before Janu- ary 1, 1987, if the officer served in that assign- ment for a period of sufficient duration (which may not be less than 12 months) for the offi- cer’s service to have been considered a full tour of duty under the policies and regulations in effect on September 30, 1986. (c) WAIVER TO BE INDIVIDUAL.—A waiver may be granted under subsection (b) only on a case- by-case basis in the case of an individual officer. (d) SPECIAL RULE FOR GOOD-OF-THE-SERVICE WAIVER.—In the case of a waiver under sub- section (b)(1), the Secretary shall provide that the first duty assignment as a general or flag of- ficer of the officer for whom the waiver is grant- ed shall be in a joint duty assignment. (e) LIMITATION ON DELEGATION OF WAIVER AU- THORITY.—The authority of the Secretary of De- fense to grant a waiver under subsection (b) (other than under paragraph (1) of that sub- section) may be delegated only to the Deputy Secretary of Defense, an Under Secretary of De- fense, or an Assistant Secretary of Defense. (f) REGULATIONS.—The Secretary of Defense shall prescribe regulations to carry out this sec- tion. The regulations shall specifically identify for purposes of subsection (b)(2) those categories of officers for which selection for promotion to brigadier general or, in the case of the Navy, rear admiral (lower half) is based primarily upon scientific and technical qualifications for which joint requirements do not exist. (g) LIMITATION FOR GENERAL AND FLAG OFFI- CERS PREVIOUSLY RECEIVING JOINT DUTY ASSIGN- MENT WAIVER.—A general officer or flag officer who before January 1, 1999, received a waiver of subsection (a) under the authority of this sub- section (as in effect before that date) may not be appointed to the grade of lieutenant general or vice admiral until the officer completes a full tour of duty in a joint duty assignment. (Added Pub. L. 103–160, div. A, title IX, § 931(a), Nov. 30, 1993, 107 Stat. 1732; amended Pub. L. 104–106, div. A, title XV, § 1502(a)(1), Feb. 10, 1996, 110 Stat. 502; Pub. L. 106–65, div. A, title V, § 508, Oct. 5, 1999, 113 Stat. 591; Pub. L. 107–107, div. A, title V, § 525(a), (b), Dec. 28, 2001, 115 Stat. 1099; Pub. L. 108–375, div. A, title V, § 533, Oct. 28, 2004, 118 Stat. 1901; Pub. L. 110–417, [div. A], title V, § 521(a), (b)(1), Oct. 14, 2008, 122 Stat. 4444; Pub. L. 116–283, div. A, title IX, § 924(b)(3)(F), Jan. 1, 2021, 134 Stat. 3821.) Editorial Notes AMENDMENTS 2021—Subsec. (a). Pub. L. 116–283 substituted ‘‘Marine Corps, or Space Force’’ for ‘‘or Marine Corps’’. 2008—Pub. L. 110–417, § 521(b)(1), substituted ‘‘Eligi- bility for consideration for promotion: designation as joint qualified officer required before promotion to gen- eral or flag grade; exceptions’’ for ‘‘Eligibility for con- sideration for promotion: joint duty assignment re- quired before promotion to general or flag grade; excep- tions’’ in section catchline. Subsec. (a). Pub. L. 110–417, § 521(a)(1), substituted ‘‘unless the officer has been designated as a joint quali- fied officer’’ for ‘‘unless— ‘‘(1) the officer has completed a full tour of duty in a joint duty assignment (as described in section 664(f) of this title); and ‘‘(2) for appointments after September 30, 2008, the officer has been selected for the joint specialty’’. Subsec. (b). Pub. L. 110–417, § 521(a)(2)(A), substituted ‘‘subsection (a)’’ for ‘‘paragraph (1) or paragraph (2) of subsection (a), or both paragraphs (1) and (2) of sub- section (a),’’ in introductory provisions. Subsec. (b)(4). Pub. L. 110–417, § 521(a)(2)(B), sub- stituted ‘‘is not less than two years and the officer has successfully completed a program of education de- scribed in subsections (b) and (c) of section 2155 of this title’’ for ‘‘within that immediate organization is not less than two years’’. Subsec. (h). Pub. L. 110–417, § 521(a)(3), struck out heading and text of subsec. (h). Text read as follows: ‘‘An officer of the Navy designated as a qualified nu- clear propulsion officer who before January 1, 1997, is appointed to the grade of rear admiral (lower half) without regard to subsection (a) may not be appointed to the grade of rear admiral until the officer completes a full tour of duty in a joint duty assignment.’’ 2004—Subsec. (a)(2). Pub. L. 108–375, § 533(a), sub- stituted ‘‘September 30, 2008’’ for ‘‘September 30, 2007’’. 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.