10 U.S.C. § 663 — Joint duty assignments after completion of

Page 647 TITLE 10—ARMED FORCES § 663 2006—Subsec. (a). Pub. L. 109–364 inserted ‘‘and’’ at end of par. (1), added par. (2), and struck out former pars. (2) and (3) which read as follows: ‘‘(2) officers who have the joint specialty are ex- pected, as a group, to be promoted— ‘‘(A) during the period beginning on December 28, 2001, and ending on December 27, 2006, at a rate not less than the rate for officers of the same armed force in the same grade and competitive category; and ‘‘(B) after December 27, 2006, at a rate not less than the rate for officers of the same armed force in the same grade and competitive category who are serving on, or have served on, the headquarters staff of their armed force; and ‘‘(3) officers who are serving in, or have served in, joint duty assignments (other than officers covered in paragraphs (1) and (2)) are expected, as a group, to be promoted to the next higher grade at a rate not less than the rate for all officers of the same armed force in the same grade and competitive category.’’ 2004—Subsec. (a)(2). Pub. L. 108–375 substituted ‘‘De- cember 27, 2006’’ for ‘‘December 27, 2004’’ in two places. 2002—Subsec. (a)(2)(A). Pub. L. 107–314, § 1062(a)(4)(A), substituted ‘‘during the period beginning on December 28, 2001, and ending on December 27, 2004,’’ for ‘‘during the three-year period beginning on the date of the en- actment of the National Defense Authorization Act for Fiscal Year 2002,’’. Subsec. (a)(2)(B). Pub. L. 107–314, § 1062(a)(4)(B), sub- stituted ‘‘after December 27, 2004’’ for ‘‘after the end of the period specified in subparagraph (A)’’. 2001—Subsec. (a)(2). Pub. L. 107–107 substituted ‘‘pro- moted—’’ for ‘‘promoted at a rate’’, added subpar. (A), designated ‘‘not less than the rate for officers of the same armed force in the same grade and competitive category who are serving on, or have served on, the headquarters staff of their armed force; and’’ as subpar. (B), and inserted ‘‘after the end of the period specified in subparagraph (A), at a rate’’ after subpar. (B) des- ignation. 1996—Subsec. (b). Pub. L. 104–201, § 510(b), in first sen- tence, substituted ‘‘paragraphs’’ for ‘‘clauses’’ and, in second sentence, inserted ‘‘for any fiscal year’’ after ‘‘such objectives’’ and substituted ‘‘report for that fis- cal year’’ for ‘‘periodic report required by this sub- section’’. Pub. L. 104–201, § 510(a), substituted ‘‘Annual Report’’ for ‘‘Report’’ in heading and ‘‘Not later than January 1 of each year, the Secretary of Defense shall submit to Congress a report on the promotion rates during the preceding fiscal year’’ for ‘‘The Secretary of Defense shall periodically (and not less often than every six months) report to Congress on the promotion rates’’ in text. 1990—Subsec. (b). Pub. L. 101–510 substituted ‘‘the Secretary shall include in the periodic report required by this subsection information on such failure and on’’ for ‘‘the Secretary shall immediately notify Congress of such failure and of’’. 1988—Subsec. (a)(1), (3). Pub. L. 100–456 inserted ‘‘to the next higher grade’’ after ‘‘promoted’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2009 AMENDMENT Pub. L. 111–84, div. A, title X, § 1073(c), Oct. 28, 2009, 123 Stat. 2474, provided that the amendment made by section 1073(c)(2) is effective as of Oct. 14, 2008, and as if included in Pub. L. 110–417 as enacted. § 663. Joint duty assignments after completion of joint professional military education (a) JOINT QUALIFIED OFFICERS.—The Secretary of Defense shall ensure that each officer des- ignated as a joint qualified officer who grad- uates from a school within the National Defense University specified in subsection (c) shall be as- signed to a joint duty assignment for that offi- cer’s next duty assignment after such gradua- tion (unless the officer receives a waiver of that requirement by the Secretary in an individual case). (b) OTHER OFFICERS.—(1) The Secretary of De- fense shall ensure that a high proportion (which shall be greater than 50 percent) of the officers graduating from a school within the National Defense University specified in subsection (c) who are not designated as a joint qualified offi- cer shall receive assignments to a joint duty as- signment (or, as authorized by the Secretary in an individual case, to a joint assignment other than a joint duty assignment) as their next duty assignment after such graduation or, to the ex- tent authorized in paragraph (2), as their second duty assignment after such graduation. (2) The Secretary may, if the Secretary deter- mines that it is necessary to do so for the effi- cient management of officer personnel, establish procedures to allow up to one-half of the officers subject to the assignment requirement in para- graph (1) to be assigned to such an assignment as their second (rather than first) assignment after such graduation from a school referred to in paragraph (1). (c) COVERED SCHOOLS WITHIN THE NATIONAL DEFENSE UNIVERSITY.—For purposes of this sec- tion, a school within the National Defense Uni- versity specified in this subsection is one of the following: (1) The National War College. (2) The Dwight D. Eisenhower School for Na- tional Security and Resource Strategy. (3) The Joint Forces Staff College. (d) EXCEPTION FOR OFFICERS GRADUATING FROM OTHER-THAN-IN-RESIDENCE PROGRAMS.—(1) Sub- section (a) does not apply to an officer grad- uating from a school within the National De- fense University specified in subsection (c) fol- lowing pursuit of a program on an other-than-in- residence basis. (2) Subsection (b) does not apply with respect to any group of officers graduating from a school within the National Defense University specified in subsection (c) following pursuit of a program on an other-than-in-residence basis. (Added Pub. L. 99–433, title IV, § 401(a), Oct. 1, 1986, 100 Stat. 1027; amended Pub. L. 101–189, div. A, title XI, § 1123(c)(1), Nov. 29, 1989, 103 Stat. 1557; Pub. L. 102–190, div. A, title IX, § 912(a), Dec. 5, 1991, 105 Stat. 1452; Pub. L. 103–160, div. A, title IX, § 933(a), Nov. 30, 1993, 107 Stat. 1735; Pub. L. 107–107, div. A, title X, § 1048(a)(6), Dec. 28, 2001, 115 Stat. 1223; Pub. L. 107–314, div. A, title X, § 1062(a)(5), Dec. 2, 2002, 116 Stat. 2650; Pub. L. 108–375, div. A, title V, § 532(b)–(c)(2)(A), Oct. 28, 2004, 118 Stat. 1900; Pub. L. 109–364, div. A, title V, § 518, Oct. 17, 2006, 120 Stat. 2190; Pub. L. 110–417, [div. A], title V, § 522(b), Oct. 14, 2008, 122 Stat. 4445; Pub. L. 112–81, div. A, title V, § 503, div. B, title XXVIII, § 2861(c), Dec. 31, 2011, 125 Stat. 1388, 1701.) Editorial Notes AMENDMENTS 2011—Subsec. (b)(1). Pub. L. 112–81, § 503(a)(1), inserted ‘‘(or, as authorized by the Secretary in an individual case, to a joint assignment other than a joint duty as- signment)’’ after ‘‘to a joint duty assignment’’. Page 648 TITLE 10—ARMED FORCES § 664 Subsec. (b)(2). Pub. L. 112–81, § 503(a)(2), substituted ‘‘the assignment’’ for ‘‘the joint duty assignment’’ and ‘‘such an assignment’’ for ‘‘a joint duty assignment’’. Subsec. (c)(2). Pub. L. 112–81, § 2861(c), substituted ‘‘Dwight D. Eisenhower School for National Security and Resource Strategy’’ for ‘‘Industrial College of the Armed Forces’’. Subsec. (d). Pub. L. 112–81, § 503(b), added subsec. (d). 2008—Subsecs. (a), (b)(1). Pub. L. 110–417, in subsec. (a), substituted ‘‘Qualified’’ for ‘‘Specialty’’ in heading and ‘‘designated as a joint qualified officer’’ for ‘‘with the joint specialty’’ in text, and, in subsec. (b)(1), sub- stituted ‘‘are not designated as a joint qualified offi- cer’’ for ‘‘do not have the joint specialty’’. 2006—Subsecs. (a), (b)(1). Pub. L. 109–364, § 518(a)(1), (2)(A), substituted ‘‘a school within the National De- fense University specified in subsection (c)’’ for ‘‘a joint professional military education school’’. Subsec. (b)(2). Pub. L. 109–364, § 518(a)(2)(B), sub- stituted ‘‘a school referred to in paragraph (1)’’ for ‘‘a joint professional military education school’’. Subsec. (c). Pub. L. 109–364, § 518(b), added subsec. (c). 2004—Pub. L. 108–375, § 532(c)(2)(A), substituted ‘‘Joint duty assignments after completion of joint professional military education’’ for ‘‘Education’’ in section catch- line. Subsec. (a). Pub. L. 108–375, § 532(c)(1)(A), (B), redesig- nated subsec. (d)(1) as (a), inserted heading, and struck out heading and text of former subsec. (a) which related to capstone course for new general and flag officers. See section 2153 of this title. Subsec. (b). Pub. L. 108–375, § 532(c)(1)(C)–(F), redesig- nated subsec. (d)(2)(A) as (b)(1) and substituted ‘‘in paragraph (2)’’ for ‘‘in subparagraph (B)’’, redesignated subsec. (d)(2)(B) as (b)(2) and substituted ‘‘in paragraph (1)’’ for ‘‘in subparagraph (A)’’, and inserted subsec. heading. Pub. L. 108–375, § 532(b), transferred subsec. (b), relat- ing to joint military education schools, to section 2152(b) of this title. Subsec. (c). Pub. L. 108–375, § 532(b), transferred sub- sec. (c), relating to other professional military edu- cation schools, to section 2152(c) of this title. Subsec. (d). Pub. L. 108–375, § 532(c)(1)(B), (C), (E), re- designated par. (1) as subsec. (a), redesignated subpars. (A) and (B) of par. (2) as pars. (1) and (2), respectively, of subsec. (b), and struck out heading ‘‘Post-Education Joint Duty Assignments’’. Subsec. (e). Pub. L. 108–375, § 532(c)(1)(A), struck out heading and text of subsec. (e) which related to the du- ration of the principal course of instruction offered at the Joint Forces Staff College. See section 2156 of this title. 2002—Subsec. (e)(2). Pub. L. 107–314 substituted ‘‘Joint Forces Staff College’’ for ‘‘Armed Forces Staff Col- lege’’. 2001—Subsec. (e). Pub. L. 107–107 substituted ‘‘Joint Forces Staff College’’ for ‘‘Armed Forces Staff College’’ in subsec. heading and in text of par. (1). 1993—Subsec. (d). Pub. L. 103–160 amended subsec. (d) generally. Prior to amendment, subsec. (d) read as fol- lows: ‘‘POST-EDUCATION DUTY ASSIGNMENTS.—The Sec- retary of Defense shall ensure that— ‘‘(1) unless waived by the Secretary in an individual case, each officer with the joint specialty who grad- uates from a joint professional military education school shall be assigned to a joint duty assignment for that officer’s next duty assignment; and ‘‘(2) a high proportion (which shall be greater than 50 percent) of the other officers graduating from a joint professional military education school also re- ceive assignments to a joint duty assignment as their next duty assignment.’’ 1991—Subsec. (e). Pub. L. 102–190 designated existing provisions as par. (1) and added par. (2). 1989—Subsec. (e). Pub. L. 101–189 added subsec. (e). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1993 AMENDMENT Pub. L. 103–160, div. A, title IX, § 933(b), Nov. 30, 1993, 107 Stat. 1736, provided that: ‘‘The amendments made by subsection (a) [amending this section] shall apply with respect to officers graduating from joint profes- sional military education schools after the date of the enactment of this Act [Nov. 30, 1993].’’ EFFECTIVE DATE OF 1991 AMENDMENT Pub. L. 102–190, div. A, title IX, § 912(b), Dec. 5, 1991, 105 Stat. 1452, as amended by Pub. L. 102–484, div. A, title IX, § 921, Oct. 23, 1992, 106 Stat. 2473, provided that the amendment made by section 912(a)(2) of Pub. L. 102–190 to this section was not to apply with respect to the Armed Forces Staff College until Jan. 1, 1994. IMPLEMENTATION OF SUBSECTION (e) Pub. L. 101–189, div. A, title XI, § 1123(c)(2), Nov. 29, 1989, 103 Stat. 1557, provided that: ‘‘Subsection (e) of such section, as added by paragraph (1), shall be imple- mented by the Secretary of Defense not later than two years after the date of the enactment of this Act [Nov. 29, 1989].’’ EDUCATION REQUIREMENTS; JOINT OFFICER MANAGEMENT PROGRAM Pub. L. 99–433, title IV, § 406(d), Oct. 1, 1986, 100 Stat. 1033, provided that: ‘‘(1) CAPSTONE COURSE.—Subsection (a) of section 663 of such title [10 U.S.C. 663(a)] (as added by section 401) shall apply with respect to officers selected in reports of officer selection boards submitted to the Secretary concerned after the end of the 120-day period beginning on the date of the enactment of this Act [Oct. 1, 1986]. ‘‘(2) REVIEW OF MILITARY EDUCATION SCHOOLS.—(A) The first review under subsections (b) and (c) of such section shall be completed not later than 120 days after the date of the enactment of this Act. The Secretary of Defense shall submit to Congress a report on the re- sults of the review at each Department of Defense school not later than 60 days thereafter. ‘‘(B) Such subsections shall be implemented so that the revised curricula take effect with respect to courses beginning after July 1987. ‘‘(3) POST-EDUCATION DUTY ASSIGNMENTS.—Subsection (d) of such section shall take effect with respect to classes graduating from joint professional military education schools after January 1987.’’ § 664. Length of joint duty assignments (a) GENERAL RULE.—The length of a joint duty assignment shall be not less than two years. (b) WAIVER AUTHORITY.—The Secretary of De- fense may waive subsection (a) in the case of any officer. (c) EXCLUSIONS FROM TOUR LENGTH.—The Sec- retary of Defense may exclude the following service from the requirement in subsection (a): (1) Service in a joint duty assignment in which the full tour of duty in the assignment is not completed by the officer because of— (A) retirement; (B) release from active duty; (C) suspension from duty under section 155(f)(2) or 164(g) of this title; or (D) a qualifying reassignment from a joint duty assignment as prescribed by the Sec- retary of Defense in regulations. (2) Service in a joint duty assignment in a case in which the officer’s tour of duty in that assignment brings the officer’s accrued service for purposes of subsection (d)(2) to the require- ment in subsection (a). (d) FULL TOUR OF DUTY.—An officer shall be considered to have completed a full tour of duty in a joint duty assignment upon completion of any of the following: