10 U.S.C. § 647 — Force shaping authority

Page 633 TITLE 10—ARMED FORCES § 649a signment give appropriate consideration to the performance of an officer as a member of the Joint Staff. (Added Pub. L. 98–525, title XIII, § 1301(d)(1), Oct. 19, 1984, 98 Stat. 2612; amended Pub. L. 116–283, div. A, title IX, § 924(b)(1)(C), Jan. 1, 2021, 134 Stat. 3820.) Editorial Notes AMENDMENTS 2021—Pub. L. 116–283 substituted ‘‘Marine Corps, and Space Force’’ for ‘‘and Marine Corps’’. § 647. Force shaping authority (a) AUTHORITY.—The Secretary concerned may, solely for the purpose of restructuring an armed force under the jurisdiction of that Sec- retary— (1) discharge an officer described in sub- section (b); or (2) transfer such an officer from the active- duty list of that armed force to the reserve ac- tive-status list of a reserve component. (b) COVERED OFFICERS.—(1) The authority under this section may be exercised in the case of an officer (other than an officer of the Space Force) who— (A) has completed not more than six years of service as a commissioned officer in the armed forces; or (B) has completed more than six years of service as a commissioned officer in the armed forces, but has not completed a minimum service obligation applicable to that member. (2) In this subsection, the term ‘‘minimum service obligation’’ means the initial period of required active duty service together with any additional period of required active duty service incurred during the initial period of required ac- tive duty service. (c) APPOINTMENT OF TRANSFERRED OFFICERS.— An officer of the Regular Army, Regular Air Force, Regular Navy, or Regular Marine Corps who is transferred to a reserve active-status list under this section shall be discharged from the regular component concerned and appointed as a reserve commissioned officer under section 12203 of this title. (d) REGULATIONS.—The Secretary concerned shall prescribe regulations for the exercise of the Secretary’s authority under this section. (e) SPACE FORCE.—For a similar provision with respect to officers of the Space Force, see sec- tion 20405 of this title. (Added Pub. L. 108–375, div. A, title V, § 501(c)(1)(A), Oct. 28, 2004, 118 Stat. 1873; amend- ed Pub. L. 110–181, div. A, title V, § 503(b), Jan. 28, 2008, 122 Stat. 95; Pub. L. 116–283, div. A, title IX, § 924(b)(4)(H), (16), Jan. 1, 2021, 134 Stat. 3822, 3823; Pub. L. 118–31, div. A, title XVII, § 1718(b), Dec. 22, 2023, 137 Stat. 658.) Editorial Notes AMENDMENTS 2023—Subsec. (b). Pub. L. 118–31, § 1718(b)(1), inserted ‘‘(other than an officer of the Space Force)’’ after ‘‘in the case of an officer’’ in introductory provisions. Subsec. (c). Pub. L. 118–31, § 1718(b)(2), which directed amendment of subsec. (c) by substituting ‘‘or Regular Marine Corps’’ for ‘‘Regular Marine Corps, of Regular Space Force’’, was executed by making the substitution for ‘‘Regular Marine Corps, or Regular Space Force’’ to reflect the probable intent of Congress. Subsec. (e). Pub. L. 118–31, § 1718(b)(3), added subsec. (e). 2021—Subsec. (a)(2). Pub. L. 116–283, § 924(b)(16), struck out ‘‘of that armed force’’ before period at end. Subsec. (c). Pub. L. 116–283, § 924(b)(4)(H), substituted ‘‘Regular Marine Corps, or Regular Space Force’’ for ‘‘or Regular Marine Corps’’. 2008—Subsec. (b)(1)(A), (B). Pub. L. 110–181 substituted ‘‘six years’’ for ‘‘5 years’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the first day of the first month beginning more than 180 days after Oct. 28, 2004, see sec- tion 501(g) of Pub. L. 108–375, set out as an Effective Date of 2004 Amendment note under section 531 of this title. SUBCHAPTER VI—ALTERNATIVE PRO- MOTION AUTHORITY FOR OFFICERS IN DESIGNATED COMPETITIVE CATEGORIES Sec. 649a. Officers in designated competitive categories. 649b. Selection for promotion. 649c. Eligibility for consideration for promotion. 649d. Opportunities for consideration for pro- motion. 649e. Promotions. 649f. Failure of selection for promotion. 649g. Retirement: retirement for years of service; selective early retirement. 649h. Continuation on active duty. 649i. Continuation on active duty: officers in cer- tain military specialties and career tracks. 649j. Other administrative authorities. 649k. Regulations. § 649a. Officers in designated competitive cat- egories (a) AUTHORITY TO DESIGNATE COMPETITIVE CATEGORIES OF OFFICERS.—Each Secretary of a military department may designate one or more competitive categories for promotion of officers under section 621 of this title that are under the jurisdiction of such Secretary as a competitive category of officers whose promotion, retire- ment, and continuation on active duty shall be subject to the provisions of this subchapter. (b) LIMITATION ON EXERCISE OF AUTHORITY.— The Secretary of a military department may not designate a competitive category of officers for purposes of this subchapter until 60 days after the date on which the Secretary submits to the Committees on Armed Services of the Senate and the House of Representatives a report on the designation of the competitive category. The re- port on the designation of a competitive cat- egory shall set forth the following: (1) A detailed description of officer require- ments for officers within the competitive cat- egory. (2) An explanation of the number of opportu- nities for consideration for promotion to each particular grade, and an estimate of pro- motion timing, within the competitive cat- egory. (3) An estimate of the size of the promotion zone for each grade within the competitive category.