Title 10 — Armed Forces
Part II · Chapter 38 — Joint Officer Management
§ 664. Length of joint duty assignments
Statutory text
General Rule.—
The length of a joint duty assignment shall be not less than two years.
Waiver Authority.—
The Secretary of Defense may waive subsection (a) in the case of any officer.
Exclusions From Tour Length.—
The Secretary of Defense may exclude the following service from the requirement in subsection (a):
Service in a joint duty assignment in which the full tour of duty in the assignment is not completed by the officer because of—
retirement;
release from active duty;
suspension from duty under section 155(f)(2) or 164(g) of this title; or
a qualifying reassignment from a joint duty assignment as prescribed by the Secretary of Defense in regulations.
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 requirement in subsection (a).
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:
A joint duty assignment that meets the requirement in subsection (a).
Accrued joint experience in joint duty assignments as described in subsection (e).
A joint duty assignment with respect to which the Secretary of Defense has granted a waiver under subsection (b), but only in a case in which the Secretary determines that the service completed by that officer in that duty assignment shall be considered to be a full tour of duty in a joint duty assignment.
A second and subsequent joint duty assignment that is less than the period required under subsection (a).
Accrued Joint Experience.—
For the purposes of subsection (d)(2), the Secretary of Defense may prescribe, by regulation, certain joint experience, such as temporary duty in joint assignments, joint individual training, and participation in joint exercises, that may be aggregated to equal a full tour of duty. The Secretary shall prescribe the regulations with the advice of the Chairman of the Joint Chiefs of Staff.
Constructive Credit.—
The Secretary of Defense may award constructive credit in the case of an officer (other than a general or flag officer) who, for reasons of military necessity, is reassigned from a joint duty assignment within 60 days of meeting the tour length criteria prescribed in subsection (d)(1). The amount of constructive service that may be credited to such officer shall be the amount sufficient for the completion of the applicable tour of duty requirement, but in no case more than 60 days.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Goldwater-Nichols Department of Defense Reorganization Act of 1986
Pub. L. 99–433 title IV § 401(a) · 100 Stat. 992
Enacted · 10 U.S.C. § 664
Added Pub. L. 99–433, title IV, § 401(a), Oct. 1, 1986, 100 Stat. 1028
Source evidence
Code source credit
Added Pub. L. 99–433, title IV, § 401(a), Oct. 1, 1986, 100 Stat. 1028Enacted provision · exact public law section
(a) Establishment of Joint Officer Management Policies.— Part II of subtitle A is amended by inserting after chapter 37 the 10 USC 501 et seq. following new chapter: “CHAPTER 38— JOINT OFFICER MANAGEMENT “Sec. “661. Management policies for joint specialty officers. “662. Promotion policy objectives for joint officers. “663. Education. “664. Length of joint duty assignments. “665. Procedures for monitoring careers of joint officers. “666. Reserve officen not on the active-duty list. “667. Annual report to Congress. “668. Definitions. “§ 661. Management policies for joint specialty officers “(a) Establishment.— The Secretary of Defense shall establish policies, procedures, and practices for the effective management of officers of the Army, Navy, Air Force, and Marine Corps on the active-duty list who are particularly trained in, and oriented toward, joint matters (as defined in section 668 of this title). Such officers shall be identified or designated (in addition to their principal military occupational specialty) in such manner as the Secretary of Defense directs. For purposes of this chapter, officers to be managed by such policies, procedures, and practices are referred to as having, or having been nominated for, the ‘jointspecialty’. “(b) Numbers and Selection.— (1) The number of officers with the joint specialty shall be determined by the Secretary. Such number shall be large enough to meet the requirements of subsection (d). “(2) Officers shall be selected for the joint specialty by the Secretary of Defense with the advice of the Chairman of the Joint Chiefs of Staff. The Secretaries of the military departments shall nominate officers for selection for the joint specialty. Nominations shall be made from among officers— “(A) who meet qualifications prescribed by the Secretary of Defense; and “(B) who— “(i) aresenior captains or, in the case of the Navy, senior lieutenants; or “(ii) are serving in the grade of major or lieutenant commander or a higher grade. “(c) Education and Experience Requirements.— (1) An officer who is nominated for the joint specialty may not be selected for the joint specialty until the officer— “(A) successfully completes an appropriate program at a joint professional military education school; and “(B) after completing such program of education, successfully completes a full tour of duty in a joint duty assignment. “(2) An officer who has a critical occupational specialty involving combat operations (as designated by the Secretary of Defense) and who is nominated for the joint specialty may be selected for the joint specialty after successful completion of a joint duty assignment of not less than two years and successful completion of a program under paragraph (1)(A). An officer selected for the joint specialty under this paragraph shall be required to complete the generally applicable requirements for selection under paragraph (1)(B) as soon as practicable after such officer’s selection. “(d) Number of Joint Duty Assignments.— (1) The Secretary of Defense shall ensure that approximately one-half of the joint duty assignment positions in grades above captain or, in the case of the Navy, lieutenant are filled at any time by officers who have (or have been nominated for) the joint specialty. “(2) The Secretary of Defense shall designate not fewer than 1,000 joint duty assignment positions as critical joint duty assignment positions. Each such position shall be held only by an officer with the joint specialty. “(e) Career Guidelines.— The Secretary, with the advice of the Chairman of the Joint Chiefs of Staff, shall establish career guidelines for officers with the joint specialty. Such guidelines shall include guidelines for— “(1) selection; “(2) military education; “(3) training; “(4) types of duty assignments; and “(5) such other matters as the Secretary considers appropriate. “§ 662. Promotion policy objectives for joint officers “(a) Qualifications.— The Secretary of Defense shall ensure that the qualifications of officers assigned to joint duty assignments are such that— “(1) officers who are serving on, or have served on, the Joint Staff are expected, as a group, to be promoted at a rate notless 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; “(2) officers who have the joint specialty are expected, as a group, to be promoted at a rate notless than the rate forofficers 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 at a rate not less than the rate for all officers of the same armed force in the same grade and competitive category. “(b) Report.— The Secretary of Defense shall periodically (and not less often than every six months) report to Congress on the pro-motion rates of officers who are serving in, or have served in, joint duty assignments, especially with respect to the record of officer selection boards in meeting the objectives of clauses (1), (2), and (3) of subsection (a). If such promotion rates fail to meet such objectives, the Secretary shall immediately notify Congress of such failure and of what action the Secretary has taken or plans to take to prevent further failures. “§ 663. Education “(a) Capstone Course for New General and Flag Officers.— (1) Each officer selected for promotion to the grade of brigadier general or, in the case of the Navy, rear admiral Oower halt) shall be required, after such selection, to attend a military education course designed specifically to prepare new general and flag officers to work with the other armed forces. “(2) Subject to paragraph (3), the Secretary of Defense may waive paragraph (1)— “(A) in the case of an officer whose immediately previous assignment was in a joint duty assignment and who is thoroughly familiar with joint matters; “(B) when necessary for the good of the service; “(C) 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 (as determined under regulations prescribed under section 619(e)(4) of this title); and “(D) in the case of a medical officer, dental officer, veterinary officer, medical service officer, nurse, biomedical science officer, or chaplain. “(3) The authority of the Secretary of Defense to grant a waiver under paragraph (2) may only be delegated to the Deputy Secretary of Defense, an Under Secretary of Defense, or an Assistant Secretary of Defense. Such a waiver may be granted only on a case-by-case basisin the case of an individual officer. “(b) Joint Military Education Schools.— The Secretary of Defense, with the advice and assistance of the Chairman of the Joint Chiefs of Staff, shall periodically review and revise the curriculum of each school of the National Defense University (and of any other joint professional military education school) to enhance the education and training of officers in joint matters. The Secretary shall require such schools to maintain rigorous standards for the military education of officers with the joint specialty. “(c) Other Professional Military Education Schools.— The Secretary of Defense shall require that each Department of Defense school concerned with professional military education periodically review and revise its curriculum for senior and intermediate grade officers in order tostrengthen the focus on— “(1) joint matters; and “(2) preparing officers for joint duty assignments. “(d) Post-Education Duty Assignments.— The Secretary of Defense shall ensure that— “(1) unless waived by the Secretary in an individual case, each officer with the joint specialty who graduates 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 receive assignments to a joint duty assignment as their nextduty assignment. “§ 664. Length of joint duty assignments “(a) General Rule.— The length of a joint duty assignment— “(1) for general and flag officers shall be not less than three years; and “(2) for other officers shall be not less than three and one-half years. “(b) Waiver Authority.— The Secretary of Defense may waive subsection (a) in the case of any officer, but the Secretary shall ensure that the average length of joint duty assignments meets the standards prescribed in that subsection. “(c) Certain Officers With Critical Combat Operations Skills.— Joint duty assignments of less than the period prescribed by subsection (a), but not less than two years, may be authorized for the purposes of section 661(c)(2) of this title. Such an assignment may not be counted for the purposes of determining the average length of joint duty assignments under subsection (b). “(d) Exception.— (1) Subsection (a) does not apply in the case of an officer who fails to complete a joint duty assignment as the result of— “(A) retirement; “(B) separation from active duty; or “(C) suspension from duty under section 155(f)(2) or 164(g) of this title. “(2) In computing the average length of joint duty assignments for purposes of this section, the Secretary of Defense shall exclude joint duty assignments not completed because of a reason specified in paragraph (1). “§ 665. Procedures for monitoring careers of joint 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 with the joint specialty; and “(B) other officers whoserve in joint duty assignments. “(2) Such oversight shall include monitoring of the implementation of the career guidelines established 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 thatitcan— “(1) monitor the promotions and career assignments of officers with the joint specialty and of other officers who have served in joint duty assignments; and “(2) otherwise advise the Chairman on joint personnel matters. “§ 666. Reserve officers not on the active-duty list “The Secretary of Defense shall establish personnel policies emphasizing education and experience in joint matters for reserve officers not on the active-duty list. Such policies shall, to the extent practicable for the reserve components, be similar to the policies provided by this chapter. “§ 667. Annual report to Congress “The Secretary of Defense shall include in the annual report of the Secretary to Congress under section 113(c) of this title, for the Ante, p. 1022. period covered by the report, the following information (which shall be shown for the Department of Defense as a whole and separately for the Army, Navy, Air Force, and Marine Corps): “(1) The number of officers selected for the joint specialty and their education and experience. “(2) The promotion rate for officers considered for promotion from within the promotion zone who are serving on the Joint Staff compared with the promotion rate for other officers considered for promotion from within the promotion zone in the same pay grade and the same competitive category, shown for all officers of the armed force and for officers serving on the headquarters staff of the armed force concerned. “(3) The promotion rate for officers with the joint specialty, compared in the same manner as specified in paragraph (2). “(4) The promotion rate for other officers who are serving in joint duty assignments, compared in the same manner as specified in paragraph (2). “(5) The promotion rate for officers considered for promotion from below the promotion zone, shown for officers serving on the Joint Staff, officers with the joint specialty, and other officers serving in joint duty assignments, compared in the same manner as specified in paragraph (2). “(6) An analysis of assignments of officers after selection for the joint specialty. “(7) The average length of tours of duty in joint duty assignments— “(A) for general and flag officers, shown separately for assignments to the Joint Staff and other joint duty assignments; and “(B) for other officers, shown separately for assignments to the Joint Staff and other joint duty assignments. “(8) In any case in which the information under paragraphs (2) through (5) shows a sigmficant imbalance between officers serving in joint duty assignments or having the joint specialty and other officers, a description of what action has been taken (or is planned to be taken) by the Secretary to correct the imbalance. “(9) An analysis of the extent to which the Secretary of each military department is providing officers to fill that department’s share (as determined by law or by the Secretary of Defense) of Joint Staff and other joint duty assignments, including the reason for any significant failure by a military department to fill its share of such positions and a discussion of the actions being taken to correct the shortfall. “(10) Such other information and comparative data as the Secretary of Defense considers appropriate to demonstrate the performance of the Department of Defense and the performance of each military department in carrying out this chapter. “§ 668. Definitions “(a) Joint Matters.— In this chapter, the term ‘joint matters’ means matters relating to the integrated employment of land, sea, and air forces, including matters relating to— “(1) national military strategy; “(2) strategicflanningand contingency planning; and “(3) comman and control of combat operations under unified command. “(b) Joint Duty Assignment.— (1) Regulations. The Secretary of Defense shall by regulation define the term ‘Joint duty assignment’ for the purposes of this chapter. That defimtion shall be limited to assignments in which the officer gains significant experience in joint matters and shall exclude— “(A) assignments for joint training or joint education; and “(B) assignments within an officer’s own military department. “(2) The Secretary shall publish a list showing— “(A) the positions that are joint duty assignment positions under such regulation and the number of such positions; and “(B) of the positions listed under subparagraph (A), those that are critical joint duty assignment positions and the number of such positions.”.National Defense Authorization Act for Fiscal Years 1988 and 1989
Pub. L. 100–180 div. A title XIII § 1303(a) · 101 Stat. 1019
Added · 10 U.S.C. § 664(b)
Pub. L. 100–180 added subsec. (b)
Struck · 10 U.S.C. § 664(b)
Pub. L. 100–180 struck out former subsec. (b) which read as follows: “The Secretary of Defense may waive subsection (a) in the case of any officer, but the Secretary shall ensure that the average length of joint duty assignments meets the standards prescribed in that subsection.”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 100–180 added subsec. (b) and struck out former subsec. (b) which read as follows: “The Secretary of Defense may waive subsection (a) in the case of any officer, but the Secretary shall ensure that the average length of joint duty assignments meets the standards prescribed in that subsection.”Enacted provision · exact public law section
(a) Revision and Clarification.— Section 664 of title 10, United States Code, is amended by striking out subsections (b), (c), and (d) and inserting in lieu thereof the following: “(b) Waiver Authority.— The Secretary of Defense may waive subsection (a) in the case of any officer. “(c) Initial Assignment of Officers With Critical Occupational Specialties.— The Secretary may for purposes of section 661(c)(2) of this title authorize a joint duty assignment of less than the period prescribed by subsection (a), but not less than two years, without the requirement for a waiver under subsection (b) in the case of an officer— “(1) who has been nominated for the joint specialty before such assignment begins; “(2) who has a military occupational specialty designated under section 661(c)(2) of this title as a critical occupational specialty; “(3) for whom such joint duty assignment is the initial joint duty assignment. “(d) Exclusions From Tour Length.— The Secretary of Defense may exclude the following service from the standards prescribed 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 (as described in subsection (g)(4)). “(2) Service in a joint duty assignment outside the United States or in Alaska. Hawaii. Alaska or Hawaii. “(3) Service in a joint duty assignment in a case in which— “(A) the officer’s tour of duty in that assignment brings the officer’s cumulative service for purposes of subsection (f)(3) to the applicable standard prescribed in subsection (a); and “(B) the length of time served in that assignment (in any case other than an assignment which is described in subsection (g)(4)(B)) was not less than two years. “(e) Average Tour Lengths.— (1) The Secretary shall ensure that the average length of joint duty assignments during any fiscal year (after fiscal year 1990), measured by the lengths of the joint duty assignments ending during that fiscal year, meets the standards prescribed in subsection (a). “(2) In computing the average length of joint duty assignments for purposes of paragraph (1), the Secretary may exclude the following service: “(A) Service described in subsection (c), except that not more than 10 percent of all joint duty assignments shown on the list published pursuant to section 668(b)(2)(A) of this title may be so excluded in any year. “(B) Service described in subsection (d). “(f) 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— “(1) a joint duty assignment that meets the standards prescribed in subsection (a); “(2) a joint duty assignment under the circumstances described in subsection (c); or “(3) cumulative service in joint duty assignments as described in subsection (g). “(g) Cumulative Credit.— (1) Cumulative service for purposes of subsection (f)(3) is service in joint duty assignments which totals in length not less than the applicable standard prescribed in subsection (a) and which includes at least one tour of duty in a joint duty assignment that— “(A) was performed outside the United States or in Alaska. Hawaii. Alaska or Hawaii; or “(B) was terminated because of a qualifying reassignment (as described in paragraph (4)). “(2) In computing cumulative service of an officer in joint duty assignments for purposes of paragraph (1), a tour of duty of the officer in a joint duty assignment other than a tour of duty specified in subparagraph (A) or (B) of paragraph (1) may not be counted unless the officer served at least two years in the assignment. The prohibition on counting certain tours of duty in the preceding sentence does not apply to a joint duty assignment which follows a reassignment described in paragraph (4)(B). “(3) In computing the cumulative service of an officer in joint duty assignments for purposes of paragraph (1), a tour of duty in a joint duty assignment shall be excluded— “(A) if the officer served less than 10 months in that assignment; and “(B) to the extent that the assignment was served more than eight years before the date of computation of the cumulative service. “(4) For purposes of paragraph (1)(B), a qualifying reassignment is a reassignment of an officer from a joint duty assignment— “(A) for unusual personal reasons (including extreme hardship and medical conditions) beyond the control of the officer or the armed forces; or “(B) to another joint duty assignment immediately after— “(i) the officer was promoted to a higher grade if the reassignment was made because no joint duty assignment was available within the same organization that was commensurate with the officer’s new grade; or “(ii) the officer’s position was eliminated in a reorganization.”National Defense Authorization Act for Fiscal Years 1988 and 1989
Pub. L. 100–180 div. A title XIII § 1303(a) · 101 Stat. 1019
Added · 10 U.S.C. § 664(c)
Pub. L. 100–180 added subsec. (c)
Struck · 10 U.S.C. § 664(c)
Pub. L. 100–180 struck out former subsec. (c), “Certain officers with critical combat operations skills”, which read as follows: “Joint duty assignments of less than the period prescribed by subsection (a), but not less than two years, may be authorized for the purposes of section 661(c)(2) of this title. Such an assignment may not be counted for the purposes of determining the average length of joint duty assignments under subsection (b).”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 100–180 added subsec. (c) and struck out former subsec. (c), “Certain officers with critical combat operations skills”, which read as follows: “Joint duty assignments of less than the period prescribed by subsection (a), but not less than two years, may be authorized for the purposes of section 661(c)(2) of this title. Such an assignment may not be counted for the purposes of determining the average length of joint duty assignments under subsection (b).”Enacted provision · exact public law section
(a) Revision and Clarification.— Section 664 of title 10, United States Code, is amended by striking out subsections (b), (c), and (d) and inserting in lieu thereof the following: “(b) Waiver Authority.— The Secretary of Defense may waive subsection (a) in the case of any officer. “(c) Initial Assignment of Officers With Critical Occupational Specialties.— The Secretary may for purposes of section 661(c)(2) of this title authorize a joint duty assignment of less than the period prescribed by subsection (a), but not less than two years, without the requirement for a waiver under subsection (b) in the case of an officer— “(1) who has been nominated for the joint specialty before such assignment begins; “(2) who has a military occupational specialty designated under section 661(c)(2) of this title as a critical occupational specialty; “(3) for whom such joint duty assignment is the initial joint duty assignment. “(d) Exclusions From Tour Length.— The Secretary of Defense may exclude the following service from the standards prescribed 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 (as described in subsection (g)(4)). “(2) Service in a joint duty assignment outside the United States or in Alaska. Hawaii. Alaska or Hawaii. “(3) Service in a joint duty assignment in a case in which— “(A) the officer’s tour of duty in that assignment brings the officer’s cumulative service for purposes of subsection (f)(3) to the applicable standard prescribed in subsection (a); and “(B) the length of time served in that assignment (in any case other than an assignment which is described in subsection (g)(4)(B)) was not less than two years. “(e) Average Tour Lengths.— (1) The Secretary shall ensure that the average length of joint duty assignments during any fiscal year (after fiscal year 1990), measured by the lengths of the joint duty assignments ending during that fiscal year, meets the standards prescribed in subsection (a). “(2) In computing the average length of joint duty assignments for purposes of paragraph (1), the Secretary may exclude the following service: “(A) Service described in subsection (c), except that not more than 10 percent of all joint duty assignments shown on the list published pursuant to section 668(b)(2)(A) of this title may be so excluded in any year. “(B) Service described in subsection (d). “(f) 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— “(1) a joint duty assignment that meets the standards prescribed in subsection (a); “(2) a joint duty assignment under the circumstances described in subsection (c); or “(3) cumulative service in joint duty assignments as described in subsection (g). “(g) Cumulative Credit.— (1) Cumulative service for purposes of subsection (f)(3) is service in joint duty assignments which totals in length not less than the applicable standard prescribed in subsection (a) and which includes at least one tour of duty in a joint duty assignment that— “(A) was performed outside the United States or in Alaska. Hawaii. Alaska or Hawaii; or “(B) was terminated because of a qualifying reassignment (as described in paragraph (4)). “(2) In computing cumulative service of an officer in joint duty assignments for purposes of paragraph (1), a tour of duty of the officer in a joint duty assignment other than a tour of duty specified in subparagraph (A) or (B) of paragraph (1) may not be counted unless the officer served at least two years in the assignment. The prohibition on counting certain tours of duty in the preceding sentence does not apply to a joint duty assignment which follows a reassignment described in paragraph (4)(B). “(3) In computing the cumulative service of an officer in joint duty assignments for purposes of paragraph (1), a tour of duty in a joint duty assignment shall be excluded— “(A) if the officer served less than 10 months in that assignment; and “(B) to the extent that the assignment was served more than eight years before the date of computation of the cumulative service. “(4) For purposes of paragraph (1)(B), a qualifying reassignment is a reassignment of an officer from a joint duty assignment— “(A) for unusual personal reasons (including extreme hardship and medical conditions) beyond the control of the officer or the armed forces; or “(B) to another joint duty assignment immediately after— “(i) the officer was promoted to a higher grade if the reassignment was made because no joint duty assignment was available within the same organization that was commensurate with the officer’s new grade; or “(ii) the officer’s position was eliminated in a reorganization.”National Defense Authorization Act for Fiscal Years 1988 and 1989
Pub. L. 100–180 div. A title XIII § 1303(a) · 101 Stat. 1019
Added · 10 U.S.C. § 664(d)
Pub. L. 100–180 added subsec. (d)
Struck · 10 U.S.C. § 664(d)
Pub. L. 100–180 struck out former subsec. (d), “Exception”, which read as follows:
Source evidence
Code amendment note
Subsec. (d). Pub. L. 100–180 added subsec. (d) and struck out former subsec. (d), “Exception”, which read as follows:“(1) Subsection (a) does not apply in the case of an officer who fails to complete a joint duty assignment as the result of— “(A) retirement; “(B) separation from active duty; or “(C) suspension from duty under section 155(f)(2) or 164(g) of this title. “(2) In computing the average length of joint duty assignments for purposes of this section, the Secretary of Defense shall exclude joint duty assignments not completed because of a reason specified in paragraph (1).”
Enacted provision · exact public law section
(a) Revision and Clarification.— Section 664 of title 10, United States Code, is amended by striking out subsections (b), (c), and (d) and inserting in lieu thereof the following: “(b) Waiver Authority.— The Secretary of Defense may waive subsection (a) in the case of any officer. “(c) Initial Assignment of Officers With Critical Occupational Specialties.— The Secretary may for purposes of section 661(c)(2) of this title authorize a joint duty assignment of less than the period prescribed by subsection (a), but not less than two years, without the requirement for a waiver under subsection (b) in the case of an officer— “(1) who has been nominated for the joint specialty before such assignment begins; “(2) who has a military occupational specialty designated under section 661(c)(2) of this title as a critical occupational specialty; “(3) for whom such joint duty assignment is the initial joint duty assignment. “(d) Exclusions From Tour Length.— The Secretary of Defense may exclude the following service from the standards prescribed 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 (as described in subsection (g)(4)). “(2) Service in a joint duty assignment outside the United States or in Alaska. Hawaii. Alaska or Hawaii. “(3) Service in a joint duty assignment in a case in which— “(A) the officer’s tour of duty in that assignment brings the officer’s cumulative service for purposes of subsection (f)(3) to the applicable standard prescribed in subsection (a); and “(B) the length of time served in that assignment (in any case other than an assignment which is described in subsection (g)(4)(B)) was not less than two years. “(e) Average Tour Lengths.— (1) The Secretary shall ensure that the average length of joint duty assignments during any fiscal year (after fiscal year 1990), measured by the lengths of the joint duty assignments ending during that fiscal year, meets the standards prescribed in subsection (a). “(2) In computing the average length of joint duty assignments for purposes of paragraph (1), the Secretary may exclude the following service: “(A) Service described in subsection (c), except that not more than 10 percent of all joint duty assignments shown on the list published pursuant to section 668(b)(2)(A) of this title may be so excluded in any year. “(B) Service described in subsection (d). “(f) 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— “(1) a joint duty assignment that meets the standards prescribed in subsection (a); “(2) a joint duty assignment under the circumstances described in subsection (c); or “(3) cumulative service in joint duty assignments as described in subsection (g). “(g) Cumulative Credit.— (1) Cumulative service for purposes of subsection (f)(3) is service in joint duty assignments which totals in length not less than the applicable standard prescribed in subsection (a) and which includes at least one tour of duty in a joint duty assignment that— “(A) was performed outside the United States or in Alaska. Hawaii. Alaska or Hawaii; or “(B) was terminated because of a qualifying reassignment (as described in paragraph (4)). “(2) In computing cumulative service of an officer in joint duty assignments for purposes of paragraph (1), a tour of duty of the officer in a joint duty assignment other than a tour of duty specified in subparagraph (A) or (B) of paragraph (1) may not be counted unless the officer served at least two years in the assignment. The prohibition on counting certain tours of duty in the preceding sentence does not apply to a joint duty assignment which follows a reassignment described in paragraph (4)(B). “(3) In computing the cumulative service of an officer in joint duty assignments for purposes of paragraph (1), a tour of duty in a joint duty assignment shall be excluded— “(A) if the officer served less than 10 months in that assignment; and “(B) to the extent that the assignment was served more than eight years before the date of computation of the cumulative service. “(4) For purposes of paragraph (1)(B), a qualifying reassignment is a reassignment of an officer from a joint duty assignment— “(A) for unusual personal reasons (including extreme hardship and medical conditions) beyond the control of the officer or the armed forces; or “(B) to another joint duty assignment immediately after— “(i) the officer was promoted to a higher grade if the reassignment was made because no joint duty assignment was available within the same organization that was commensurate with the officer’s new grade; or “(ii) the officer’s position was eliminated in a reorganization.”National Defense Authorization Act for Fiscal Years 1988 and 1989
Pub. L. 100–180 div. A title XIII § 1303(a) · 101 Stat. 1019
Added · 10 U.S.C. § 664(e)(g)
Pub. L. 100–180 added subsecs. (e) to (g)
Source evidence
Code amendment note
Subsecs. (e) to (g). Pub. L. 100–180 added subsecs. (e) to (g).Enacted provision · exact public law section
(a) Revision and Clarification.— Section 664 of title 10, United States Code, is amended by striking out subsections (b), (c), and (d) and inserting in lieu thereof the following: “(b) Waiver Authority.— The Secretary of Defense may waive subsection (a) in the case of any officer. “(c) Initial Assignment of Officers With Critical Occupational Specialties.— The Secretary may for purposes of section 661(c)(2) of this title authorize a joint duty assignment of less than the period prescribed by subsection (a), but not less than two years, without the requirement for a waiver under subsection (b) in the case of an officer— “(1) who has been nominated for the joint specialty before such assignment begins; “(2) who has a military occupational specialty designated under section 661(c)(2) of this title as a critical occupational specialty; “(3) for whom such joint duty assignment is the initial joint duty assignment. “(d) Exclusions From Tour Length.— The Secretary of Defense may exclude the following service from the standards prescribed 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 (as described in subsection (g)(4)). “(2) Service in a joint duty assignment outside the United States or in Alaska. Hawaii. Alaska or Hawaii. “(3) Service in a joint duty assignment in a case in which— “(A) the officer’s tour of duty in that assignment brings the officer’s cumulative service for purposes of subsection (f)(3) to the applicable standard prescribed in subsection (a); and “(B) the length of time served in that assignment (in any case other than an assignment which is described in subsection (g)(4)(B)) was not less than two years. “(e) Average Tour Lengths.— (1) The Secretary shall ensure that the average length of joint duty assignments during any fiscal year (after fiscal year 1990), measured by the lengths of the joint duty assignments ending during that fiscal year, meets the standards prescribed in subsection (a). “(2) In computing the average length of joint duty assignments for purposes of paragraph (1), the Secretary may exclude the following service: “(A) Service described in subsection (c), except that not more than 10 percent of all joint duty assignments shown on the list published pursuant to section 668(b)(2)(A) of this title may be so excluded in any year. “(B) Service described in subsection (d). “(f) 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— “(1) a joint duty assignment that meets the standards prescribed in subsection (a); “(2) a joint duty assignment under the circumstances described in subsection (c); or “(3) cumulative service in joint duty assignments as described in subsection (g). “(g) Cumulative Credit.— (1) Cumulative service for purposes of subsection (f)(3) is service in joint duty assignments which totals in length not less than the applicable standard prescribed in subsection (a) and which includes at least one tour of duty in a joint duty assignment that— “(A) was performed outside the United States or in Alaska. Hawaii. Alaska or Hawaii; or “(B) was terminated because of a qualifying reassignment (as described in paragraph (4)). “(2) In computing cumulative service of an officer in joint duty assignments for purposes of paragraph (1), a tour of duty of the officer in a joint duty assignment other than a tour of duty specified in subparagraph (A) or (B) of paragraph (1) may not be counted unless the officer served at least two years in the assignment. The prohibition on counting certain tours of duty in the preceding sentence does not apply to a joint duty assignment which follows a reassignment described in paragraph (4)(B). “(3) In computing the cumulative service of an officer in joint duty assignments for purposes of paragraph (1), a tour of duty in a joint duty assignment shall be excluded— “(A) if the officer served less than 10 months in that assignment; and “(B) to the extent that the assignment was served more than eight years before the date of computation of the cumulative service. “(4) For purposes of paragraph (1)(B), a qualifying reassignment is a reassignment of an officer from a joint duty assignment— “(A) for unusual personal reasons (including extreme hardship and medical conditions) beyond the control of the officer or the armed forces; or “(B) to another joint duty assignment immediately after— “(i) the officer was promoted to a higher grade if the reassignment was made because no joint duty assignment was available within the same organization that was commensurate with the officer’s new grade; or “(ii) the officer’s position was eliminated in a reorganization.”National Defense Authorization Act, Fiscal Year 1989
Pub. L. 100–456 § 514(1)(A) · 102 Stat. 1918
Substituted · 10 U.S.C. § 664(a)(1)
Pub. L. 100–456, § 514(1)(A), substituted “two years” for “three years”
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 100–456, § 514(1)(A), substituted “two years” for “three years”.Enacted provision · exact public law section
(A) by striking out “three years” in paragraph (1) and inserting in lieu thereof “two years”; andNational Defense Authorization Act, Fiscal Year 1989
Pub. L. 100–456 § 514(1)(B) · 102 Stat. 1918
Substituted · 10 U.S.C. § 664(a)(2)
Pub. L. 100–456, § 514(1)(B), substituted “three years” for “three and one-half years”
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 100–456, § 514(1)(B), substituted “three years” for “three and one-half years”.Enacted provision · exact public law section
(B) by striking out “three and one-half years” in paragraph (2) and inserting in lieu thereof “three years”.National Defense Authorization Act, Fiscal Year 1989
Pub. L. 100–456 § 514(2) · 102 Stat. 1918
Substituted · 10 U.S.C. § 664(c)(1)
Pub. L. 100–456, § 514(2), substituted “is” for “has been”
Struck · 10 U.S.C. § 664(c)(1)
Pub. L. 100–456, § 514(2), struck out “before such assignment begins” after “specialty”
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 100–456, § 514(2), substituted “is” for “has been” and struck out “before such assignment begins” after “specialty”.Enacted provision · exact public law section
(2) Subsection (c)(1) is amended— (A) by striking out “has been” and inserting in lieu thereof “is”; and (B) by striking out “before such assignment begins”.National Defense Authorization Act, Fiscal Year 1989
Pub. L. 100–456 § 514(3) · 102 Stat. 1918
Inserted · 10 U.S.C. § 664(d)(2)
Pub. L. 100–456, § 514(3), inserted “which is less than the applicable standard prescribed in subsection (a)” after “Hawaii”
Source evidence
Code amendment note
Subsec. (d)(2). Pub. L. 100–456, § 514(3), inserted “which is less than the applicable standard prescribed in subsection (a)” after “Hawaii”.Enacted provision · exact public law section
(3) Subsection (d)(2) is amended by inserting “which is less than the applicable standard prescribed in subsection (a)” after “Hawaii”.National Defense Authorization Act, Fiscal Year 1989
Pub. L. 100–456 § 517(b) · 102 Stat. 1918
Substituted · 10 U.S.C. § 664(e)(2)(A)
Pub. L. 100–456, § 517(b), substituted “12½ percent” for “10 percent”
Source evidence
Code amendment note
Subsec. (e)(2)(A). Pub. L. 100–456, § 517(b), substituted “12½ percent” for “10 percent”.Enacted provision · exact public law section
(b) Tour Lengths.— Section 664(e)(2) of such title is amended by striking out “10 percent” and inserting in lieu thereof “12½ percent”.National Defense Authorization Act, Fiscal Year 1989
Pub. L. 100–456 § 514(4) · 102 Stat. 1918
Added · 10 U.S.C. § 664(f)(4); 10 U.S.C. § 664(f)(5)
Pub. L. 100–456, § 514(4), added pars. (4) and (5)
Source evidence
Code amendment note
Subsec. (f)(4), (5). Pub. L. 100–456, § 514(4), added pars. (4) and (5).Enacted provision · exact public law section
(4) Subsection (f) is amended— (A) by striking out “or” at the end of paragraph (2); (B) by striking out the period at the end of paragraph (3) and inserting in lieu a semicolon; and (C) by adding at the end the following new paragraphs: “(4) a joint duty assignment outside the United States or in Alaska. Hawaii. Alaska or Hawaii for which the normal accompanied-by-dependents tour of duty is prescribed by regulation to be at least two years in length, if the officer serves in the assignment for a period equivalent to the accompanied-by-dependents tour length (except that not more than 6 percent of all joint duty assignments may be considered to be under this paragraph at any time); or “(5) a joint duty assignment with respect to which the Secretary of Defense has granted a waiver under subsection (b), but only in a case in which the Secretary determines that the service completed by that officer in that duty assignment shall be considered to be a full tour of duty in a joint duty assignment.”.National Defense Authorization Act, Fiscal Year 1989
Pub. L. 100–456 § 514(5) · 102 Stat. 1918
Substituted · 10 U.S.C. § 664(g)(3)
Pub. L. 100–456, § 514(5), substituted “shall be excluded if the officer served less than 10 months in that assignment” for “shall be excluded—
Source evidence
Code amendment note
Subsec. (g)(3). Pub. L. 100–456, § 514(5), substituted “shall be excluded if the officer served less than 10 months in that assignment” for “shall be excluded—“(A) if the officer served less than 10 months in that assignment; and “(B) to the extent that the assignment was served more than eight years before the date of computation of the cumulative service.”
Enacted provision · exact public law section
(5) Subsection (g)(3) is amended by striking out “shall be excluded—” and all that follows in that subsection and inserting in lieu thereof “shall be excluded if the officer served less than 10 months in that assignment.”.National Defense Authorization Act, Fiscal Year 1989
Pub. L. 100–456 § 514(6) · 102 Stat. 1918
Added · 10 U.S.C. § 664(h)
Pub. L. 100–456, § 514(6), added subsec. (h)
Source evidence
Code amendment note
Subsec. (h). Pub. L. 100–456, § 514(6), added subsec. (h).Enacted provision · exact public law section
(6) Such section is further amended by adding at the end the following new subsection: “(h) Constructive Credit.— (1) The Secretary of Defense may accord constructive credit in the case of an officer (other than a general or flag officer) who, for reasons of military necessity, is reassigned from a joint duty assignment within 60 days of meeting the tour length criteria prescribed in subsection (f)(1), (f)(2), (f)(4), or (g)(2). The amount of constructive service that may be credited to such officer shall be the amount sufficient for the completion of the applicable tour of duty requirement, but in no case more than 60 days. “(2) For the purpose of computing under subsection (e) the average length of joint duty assignments during a fiscal year, the amount of any constructive service credited under this subsection with respect to a joint duty assignment to be counted in that computation shall be excluded. (3) This subsection shall not apply in the case of an officer who serves less than 10 months in the joint duty assignment.”.National Defense Authorization Act for Fiscal Year 1996
Pub. L. 104–106 § 501(f) · 110 Stat. 186
Struck · 10 U.S.C. § 664(e)(1)
Pub. L. 104–106, § 501(f), struck out “(after fiscal year 1990)” after “any fiscal year”
Source evidence
Code amendment note
Subsec. (e)(1). Pub. L. 104–106, § 501(f), struck out “(after fiscal year 1990)” after “any fiscal year”.Enacted provision · exact public law section
(f) Technical Amendment.— Section 664(e)(1) of such title is amended by striking out “(after fiscal year 1990)”.National Defense Authorization Act for Fiscal Year 1996
Pub. L. 104–106 § 501(e)(1) · 110 Stat. 186
Added · 10 U.S.C. § 664(e)(2)(C)
Pub. L. 104–106, § 501(e)(1), added subpar. (E)
Source evidence
Code amendment note
Subsec. (e)(2)(C). Pub. L. 104–106, § 501(e)(1), added subpar. (E).Enacted provision · exact public law section
(1) in subsection (e)(2), by inserting after subparagraph (B) the following: “(C) Service described in subsection (f)(6), except that no more than 10 percent of all joint duty assignments shown on the list published pursuant to section 668(b)(2)(A) of this title may be so excluded in any year.”; andNational Defense Authorization Act for Fiscal Year 1996
Pub. L. 104–106 § 501(e)(2)(A) · 110 Stat. 186
Substituted · 10 U.S.C. § 664(f)
Pub. L. 104–106, § 501(e)(2)(A), substituted “completion of any of the following:” for “completion of—” in introductory provisions
Source evidence
Code amendment note
Subsec. (f). Pub. L. 104–106, § 501(e)(2)(A), substituted “completion of any of the following:” for “completion of—” in introductory provisions.Enacted provision · exact public law section
(A) in the matter preceding paragraph (1), by striking out “completion of—” and inserting in lieu thereof “completion of any of the following:”;National Defense Authorization Act for Fiscal Year 1996
Pub. L. 104–106 § 501(e)(2)(B) · 110 Stat. 186
Substituted · 10 U.S.C. § 664(f)(1)
Pub. L. 104–106, § 501(e)(2)(B), (D), substituted “A joint duty” for “a joint duty”
Substituted · 10 U.S.C. § 664(f)(1)
Pub. L. 104–106, § 501(e)(2)(B), (D), substituted “subsection (a).” for “subsection (a);”
Source evidence
Code amendment note
Subsec. (f)(1). Pub. L. 104–106, § 501(e)(2)(B), (D), substituted “A joint duty” for “a joint duty” and “subsection (a).” for “subsection (a);”.Enacted provision · exact public law section
(B) by striking out “a” at the beginning of paragraphs (1), (2), (4), and (5) and inserting in lieu thereof “A”;National Defense Authorization Act for Fiscal Year 1996
Pub. L. 104–106 § 501(e)(2)(B) · 110 Stat. 186
Substituted · 10 U.S.C. § 664(f)(2)
Pub. L. 104–106, § 501(e)(2)(B), (D), substituted “A joint duty” for “a joint duty”
Substituted · 10 U.S.C. § 664(f)(2)
Pub. L. 104–106, § 501(e)(2)(B), (D), substituted “subsection (c).” for “subsection (c);”
Source evidence
Code amendment note
Subsec. (f)(2). Pub. L. 104–106, § 501(e)(2)(B), (D), substituted “A joint duty” for “a joint duty” and “subsection (c).” for “subsection (c);”.Enacted provision · exact public law section
(B) by striking out “a” at the beginning of paragraphs (1), (2), (4), and (5) and inserting in lieu thereof “A”;National Defense Authorization Act for Fiscal Year 1996
Pub. L. 104–106 § 501(e)(2)(C) · 110 Stat. 186
Substituted · 10 U.S.C. § 664(f)(3)
Pub. L. 104–106, § 501(e)(2)(C), (D), substituted “Cumulative” for “cumulative”
Substituted · 10 U.S.C. § 664(f)(3)
Pub. L. 104–106, § 501(e)(2)(C), (D), substituted “subsection (g).” for “subsection (g);”
Source evidence
Code amendment note
Subsec. (f)(3). Pub. L. 104–106, § 501(e)(2)(C), (D), substituted “Cumulative” for “cumulative” and “subsection (g).” for “subsection (g);”.Enacted provision · exact public law section
(C) by striking out “cumulative” in paragraph (3) and inserting in lieu thereof “Cumulative”;National Defense Authorization Act for Fiscal Year 1996
Pub. L. 104–106 § 501(e)(2)(B) · 110 Stat. 186
Substituted · 10 U.S.C. § 664(f)(4)
Pub. L. 104–106, § 501(e)(2)(B), (D), substituted “A joint duty” for “a joint duty”
Substituted · 10 U.S.C. § 664(f)(4)
Pub. L. 104–106, § 501(e)(2)(B), (D), substituted “any time).” for “any time); or”
Source evidence
Code amendment note
Subsec. (f)(4). Pub. L. 104–106, § 501(e)(2)(B), (D), substituted “A joint duty” for “a joint duty” and “any time).” for “any time); or”.Enacted provision · exact public law section
(B) by striking out “a” at the beginning of paragraphs (1), (2), (4), and (5) and inserting in lieu thereof “A”;National Defense Authorization Act for Fiscal Year 1996
Pub. L. 104–106 § 501(e)(2)(B) · 110 Stat. 186
Substituted · 10 U.S.C. § 664(f)(5)
Pub. L. 104–106, § 501(e)(2)(B), substituted “A joint duty” for “a joint duty”
Source evidence
Code amendment note
Subsec. (f)(5). Pub. L. 104–106, § 501(e)(2)(B), substituted “A joint duty” for “a joint duty”.Enacted provision · exact public law section
(B) by striking out “a” at the beginning of paragraphs (1), (2), (4), and (5) and inserting in lieu thereof “A”;National Defense Authorization Act for Fiscal Year 1996
Pub. L. 104–106 § 501(e)(2)(E) · 110 Stat. 186
Added · 10 U.S.C. § 664(f)(6)
Pub. L. 104–106, § 501(e)(2)(E), added par. (6)
Source evidence
Code amendment note
Subsec. (f)(6). Pub. L. 104–106, § 501(e)(2)(E), added par. (6).Enacted provision · exact public law section
(E) by adding at the end the following: “(6) A second joint duty assignment that is less than the period required under subsection (a), but not less than two years, without regard to whether a waiver was granted for such assignment under subsection (b).”.National Defense Authorization Act for Fiscal Year 1996
Pub. L. 104–106 § 501(b) · 110 Stat. 186
Added · 10 U.S.C. § 664(i)
Pub. L. 104–106, § 501(b), added subsec. (i)
Source evidence
Code amendment note
Subsec. (i). Pub. L. 104–106, § 501(b), added subsec. (i).Enacted provision · exact public law section
(b) Additional Qualifying Joint Service.— Section 664 of such title is amended by adding at the end the following: “(i) Joint Duty Credit for Certain Joint Task Force Assignments.— (1) In the case of an officer who completes service in a qualifying temporary joint task force assignment, the Secretary of Defense, with the advice of the Chairman of the Joint Chiefs of Staff, may (subject to the criteria prescribed under paragraph (4)) grant the officer— “(A) credit for having completed a full tour of duty in a joint duty assignment; or “(B) credit countable for determining cumulative service in joint duty assignments. “(2) “(A) For purposes of paragraph (1), a qualifying temporary joint task force assignment of an officer is a temporary assignment, any part of which is performed by the officer on or after the date of the enactment of this subsection— “(i) to the headquarters staff of a United States joint task force that is part of a unified command or the United States element of the headquarters staff of a multinational force; and “(ii) with respect to which the Secretary of Defense determines that service of the officer in that assignment is equivalent to that which would be gained by the officer in a joint duty assignment. “(B) An officer may not be granted credit under this subsection unless the officer is recommended for such credit by the Chairman of the Joint Chiefs of Staff. “(3) Credit under paragraph (1) (including a determination under paragraph (2)(A)(ii) and a recommendation under paragraph (2)(B) with respect to such credit) may be granted only on a case-by-case basis in the case of an individual officer. “(4) The Secretary of Defense shall prescribe by regulation Regulations. criteria for determining whether an officer may be granted credit under paragraph (1) with respect to service in a qualifying temporary joint task force assignment. The criteria shall apply uniformly among the armed forces and shall include the following requirements: “(A) For an officer to be credited as having completed a full tour of duty in a joint duty assignment, the length of the officer’s service in the qualifying temporary joint task force assignment must meet the requirements of subsection (a) or (c). “(B) For an officer to be credited with service for purposes of determining cumulative service in joint duty assignments, the officer must serve at least 90 consecutive days in the qualifying temporary joint task force assignment. “(C) The service must be performed in support of a mission that is directed by the President or that is assigned by the President to United States forces in the joint task force involved. “(D) The joint task force must be constituted or designated by the Secretary of Defense or by the commander of a combatant command or of another force. “(E) The joint task force must conduct combat or combat-related operations in a unified action under joint or multi-national command and control. “(5) Officers for whom joint duty credit is granted pursuant to this subsection may not be taken into account for the purposes of any of the following provisions of this title: section 661(d)(1), section 662(a)(3), section 662(b), subsection (a) of this section, and paragraphs (7), (8), (9), (11), and (12) of section 667. “(6) In the case of an officer credited with having completed a full tour of duty in a joint duty assignment pursuant to this subsection, the Secretary of Defense may waive the requirement in paragraph (1)(B) of section 661(c) of this title that the tour of duty in a joint duty assignment be performed after the officer completes a program of education referred to in paragraph (1)(A) of that section. The provisions of subparagraphs (C) and (D) of section 661(c)(3) of this title shall apply to such a waiver in the same manner as to a waiver under subparagraph (A) of that section.”.Pub. L. 106–65 div. A title X § 1066(a)(5) · 113 Stat. 512
Substituted · 10 U.S.C. § 664(i)(2)(A)
Pub. L. 106–65 substituted “February 10, 1996” for “the date of the enactment of this subsection” in introductory provisions
Source evidence
Code amendment note
Subsec. (i)(2)(A). Pub. L. 106–65 substituted “February 10, 1996” for “the date of the enactment of this subsection” in introductory provisions.Enacted provision · exact public law section
(5) Section 664(i)(2)(A) is amended by striking “the date of the enactment of this subsection” and inserting “February 10, 1996”.National Defense Authorization Act for Fiscal Year 2002
Pub. L. 107–107 § 522(1) · 115 Stat. 1012
Substituted · 10 U.S.C. § 664(i)(4)(E)
Pub. L. 107–107, § 522(1), substituted “Except as provided in subparagraph (F), the joint task force” for “The joint task force”
Source evidence
Code amendment note
Subsec. (i)(4)(E). Pub. L. 107–107, § 522(1), substituted “Except as provided in subparagraph (F), the joint task force” for “The joint task force”.Enacted provision · exact public law section
(1) in subparagraph (E), by striking “The” and inserting “Except as provided in subparagraph (F), the”; andNational Defense Authorization Act for Fiscal Year 2002
Pub. L. 107–107 § 522(2) · 115 Stat. 1012
Added · 10 U.S.C. § 664(i)(4)(F)
Pub. L. 107–107, § 522(2), added subpar. (F)
Source evidence
Code amendment note
Subsec. (i)(4)(F). Pub. L. 107–107, § 522(2), added subpar. (F).Enacted provision · exact public law section
(2) by adding at the end the following new subparagraph: “(F) Service in a temporary joint task force assignment not involved in combat or combat-related operations may not be credited for the purposes of joint duty, unless, and only if— “(i) the service of the officer and the nature of the joint task force not only meet all criteria of this section, except subparagraph (E), but also any additional criteria the Secretary may establish; “(ii) the Secretary has specifically approved the operation conducted by the joint task force as one that qualifies for joint service credit, and notifies Congress upon each approval, providing the criteria that led to that approval; and “(iii) the operation is conducted by the joint task force in an environment where an extremely fragile state of peace and high potential for hostilities coexist.”.John Warner National Defense Authorization Act for Fiscal Year 2007
Pub. L. 109–364 div. A title V § 519(d)(1) · 120 Stat. 2083
Substituted · 10 U.S.C. § 664(c)
Pub. L. 109–364, in introductory provisions, substituted “661(c)(1)(B)” for “661(c)(2)”
Redesignated · 10 U.S.C. § 664(c)
Pub. L. 109–364, in introductory provisions, redesignated pars. (2) and (3) as (1) and (2), respectively, in par. (1)
Substituted · 10 U.S.C. § 664(c)
Pub. L. 109–364, in introductory provisions, substituted “668(d)” for “661(c)(2)”
Struck · 10 U.S.C. § 664(c)
Pub. L. 109–364, in introductory provisions, struck out former par. (1) which read as follows: “who is nominated for the joint specialty;”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 109–364, in introductory provisions, substituted “661(c)(1)(B)” for “661(c)(2)”, redesignated pars. (2) and (3) as (1) and (2), respectively, in par. (1), substituted “668(d)” for “661(c)(2)”, and struck out former par. (1) which read as follows: “who is nominated for the joint specialty;”.Enacted provision · exact public law section
(1) Initial assignment of officers with critical occupational specialties.— Section 664(c) of such title is amended— (A) in the matter before paragraph (1) by striking “section 661(c)(2)” and inserting “section 661(c)(1)(B)”; (B) by striking paragraph (1); (C) by redesignating paragraph (2) as paragraph (1) and, in such paragraph, by striking “section 661(c)(2)” and inserting “section 668(d)”; and (D) by redesignating paragraph (3) as paragraph (2).Effective date note
Pub. L. 109–364, div. A, title V, § 519(e), Oct. 17, 2006, 120 Stat. 2191, provided that: “The amendments made by this section [amending this section, former section 667, and section 668 of this title] shall take effect on October 1, 2007.”Duncan Hunter National Defense Authorization Act for Fiscal Year 2009
Pub. L. 110–417 § 524(a)(1) · 122 Stat. 4356
Added · 10 U.S.C. § 664(d)(1)(D)
Pub. L. 110–417, § 524(a)(1), added subpar. (D)
Struck · 10 U.S.C. § 664(d)(1)(D)
Pub. L. 110–417, § 524(a)(1), struck out former subpar. (D) which read as follows: “a qualifying reassignment (as described in subsection (g)(4)).”
Source evidence
Code amendment note
Subsec. (d)(1)(D). Pub. L. 110–417, § 524(a)(1), added subpar. (D) and struck out former subpar. (D) which read as follows: “a qualifying reassignment (as described in subsection (g)(4)).”Enacted provision · exact public law section
(1) in paragraph (1), by striking subparagraph (D) and inserting the following new subparagraph (D): “(D) a qualifying reassignment from a joint duty assignment— “(i) for unusual personal reasons, including extreme hardship and medical conditions, beyond the control of the officer or the armed forces; or “(ii) to another joint duty assignment immediately after— “(I) the officer was promoted to a higher grade, if the reassignment was made because no joint duty assignment was available within the same organization that was commensurate with the officer’s new grade; or “(II) the officer’s position was eliminated in a reorganization.” ; andDuncan Hunter National Defense Authorization Act for Fiscal Year 2009
Pub. L. 110–417 § 524(a)(2) · 122 Stat. 4356
Added · 10 U.S.C. § 664(d)(3)
Pub. L. 110–417, § 524(a)(2), added par. (3)
Struck · 10 U.S.C. § 664(d)(3)
Pub. L. 110–417, § 524(a)(2), struck out former par. (3) which read as follows: “Service in a joint duty assignment in a case in which—
Source evidence
Code amendment note
Subsec. (d)(3). Pub. L. 110–417, § 524(a)(2), added par. (3) and struck out former par. (3) which read as follows: “Service in a joint duty assignment in a case in which—“(A) the officer’s tour of duty in that assignment brings the officer’s cumulative service for purposes of subsection (f)(3) to the applicable standard prescribed in subsection (a); and “(B) the length of time served in that assignment (in any case other than an assignment which is described in subsection (g)(4)(B)) was not less than two years.”
Enacted provision · exact public law section
(2) by striking paragraph (3) and inserting the following new paragraph (3): “(3) 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 (f)(3) to the applicable standard prescribed in subsection (a).” .Duncan Hunter National Defense Authorization Act for Fiscal Year 2009
Pub. L. 110–417 § 524(b) · 122 Stat. 4356
Added · 10 U.S.C. § 664(e)(2)
Pub. L. 110–417, § 524(b), added par. (2)
Struck · 10 U.S.C. § 664(e)(2)
Pub. L. 110–417, § 524(b), struck out former par. (2) which read as follows: “In computing the average length of joint duty assignments for purposes of paragraph (1), the Secretary may exclude the following service:
Source evidence
Code amendment note
Subsec. (e)(2). Pub. L. 110–417, § 524(b), added par. (2) and struck out former par. (2) which read as follows: “In computing the average length of joint duty assignments for purposes of paragraph (1), the Secretary may exclude the following service:“(A) Service described in subsection (c), except that not more than 12½ percent of all joint duty assignments shown on the list published pursuant to section 668(b)(2)(A) of this title may be so excluded in any year. “(B) Service described in subsection (d). “(C) Service described in subsection (f)(6), except that no more than 10 percent of all joint duty assignments shown on the list published pursuant to section 668(b)(2)(A) of this title may be so excluded in any year.”
Enacted provision · exact public law section
(b) Computing Average Length of Joint Duty Assignments.— Subsection (e) of such section is amended by striking paragraph (2) and inserting the following new paragraph (2): “(2) In computing the average length of joint duty assignments for purposes of paragraph (1), the Secretary may exclude the following service: “(A) Service described in subsection (c). “(B) Service described in subsection (d). “(C) Service described in subsection (f)(6).” .Duncan Hunter National Defense Authorization Act for Fiscal Year 2009
Pub. L. 110–417 § 524(c) · 122 Stat. 4356
Substituted · 10 U.S.C. § 664(f)
Pub. L. 110–417, § 524(c), in par. (3) substituted “Accrued joint experience” for “Cumulative service”, in par. (4) struck out “(except that not more than 6 percent of all joint duty assignments may be considered to be under this paragraph at any time)” before period at end
Added · 10 U.S.C. § 664(f)
Pub. L. 110–417, § 524(c), in par. (3) added par. (6)
Struck · 10 U.S.C. § 664(f)
Pub. L. 110–417, § 524(c), in par. (3) struck out former par. (6) which read as follows “A second joint duty assignment that is less than the period required under subsection (a), but not less than two years, without regard to whether a waiver was granted for such assignment under subsection (b).”
Source evidence
Code amendment note
Subsec. (f). Pub. L. 110–417, § 524(c), in par. (3) substituted “Accrued joint experience” for “Cumulative service”, in par. (4) struck out “(except that not more than 6 percent of all joint duty assignments may be considered to be under this paragraph at any time)” before period at end, added par. (6), and struck out former par. (6) which read as follows “A second joint duty assignment that is less than the period required under subsection (a), but not less than two years, without regard to whether a waiver was granted for such assignment under subsection (b).”.Enacted provision · exact public law section
(c) Completion of Tour of Duty.— Subsection (f) of such section is amended— (1) in paragraph (3), by striking “Cumulative service” and inserting “Accrued joint experience”; (2) in paragraph (4), by striking “(except” and all that follows through “any time)”; and (3) by striking paragraph (6) and inserting the following new paragraph (6): “(6) A second and subsequent joint duty assignment that is less than the period required under subsection (a), but not less than two years.” .Duncan Hunter National Defense Authorization Act for Fiscal Year 2009
Pub. L. 110–417 § 524(d) · 122 Stat. 4356
Amended · 10 U.S.C. § 664(g)
Pub. L. 110–417, § 524(d), amended subsec. (g) generally. Prior to amendment, subsec. (g) related to cumulative service of an officer in joint duty assignments
Source evidence
Code amendment note
Subsec. (g). Pub. L. 110–417, § 524(d), amended subsec. (g) generally. Prior to amendment, subsec. (g) related to cumulative service of an officer in joint duty assignments.Enacted provision · exact public law section
(d) Accrued Joint Experience as Full Tour of Duty.— Subsection (g) of such section is amended to read as follows: “(g) Accrued Joint Experience.— For the purposes of subsection (f)(3), the Secretary of Defense may prescribe, by regulation, certain joint experience, such as temporary duty in joint assignments, joint individual training, and participation in joint exercises, that may be aggregated to equal a full tour of duty. The Secretary shall prescribe the regulations with the advice of the Chairman of the Joint Chiefs of Staff.” .Duncan Hunter National Defense Authorization Act for Fiscal Year 2009
Pub. L. 110–417 § 524(e) · 122 Stat. 4356
Substituted · 10 U.S.C. § 664(h)
Pub. L. 110–417, § 524(e), substituted “paragraphs (1), (2), and (4) of subsection (f)” for “subsection (f)(1), (f)(2), (f)(4), or (g)(2)” in par. (1)
Struck · 10 U.S.C. § 664(h)
Pub. L. 110–417, § 524(e), struck out par. (3) which read as follows: “This subsection shall not apply in the case of an officer who serves less than 10 months in the joint duty assignment.”
Source evidence
Code amendment note
Subsec. (h). Pub. L. 110–417, § 524(e), substituted “paragraphs (1), (2), and (4) of subsection (f)” for “subsection (f)(1), (f)(2), (f)(4), or (g)(2)” in par. (1) and struck out par. (3) which read as follows: “This subsection shall not apply in the case of an officer who serves less than 10 months in the joint duty assignment.”Enacted provision · exact public law section
(e) Constructive Credit.— Subsection (h) of such section is amended— (1) in paragraph (1), by striking “subsection (f)(1), (f)(2), (f)(4), or (g)(2)” and inserting “paragraphs (1), (2), and (4) of subsection (f)”; and (2) by striking paragraph (3).Duncan Hunter National Defense Authorization Act for Fiscal Year 2009
Pub. L. 110–417 § 524(f) · 122 Stat. 4356
Struck · 10 U.S.C. § 664(i)
Pub. L. 110–417, § 524(f), struck out subsec. (i) which related to joint duty credit for certain joint task force assignments
Source evidence
Code amendment note
Subsec. (i). Pub. L. 110–417, § 524(f), struck out subsec. (i) which related to joint duty credit for certain joint task force assignments.Enacted provision · exact public law section
(f) Repeal of Joint Duty Credit for Certain Joint Task Force Assignments.— Such section is further amended by striking subsection (i).National Defense Authorization Act for Fiscal Year 2017
Pub. L. 114–328 § 510(a) · 130 Stat. 2000
Substituted · 10 U.S.C. § 664(a)
Pub. L. 114–328, § 510(a), substituted “assignment shall be not less than two years.” for “assignment—
Source evidence
Code amendment note
Subsec. (a). Pub. L. 114–328, § 510(a), substituted “assignment shall be not less than two years.” for “assignment—“(1) for general and flag officers shall be not less than two years; and “(2) for other officers shall be not less than three years.”
Enacted provision · exact public law section
(a) In General.— Subsection (a) of section 664 of title 10, United States Code, is amended by striking “assignment—” and all that follows and inserting “assignment shall be not less than two years.”.National Defense Authorization Act for Fiscal Year 2017
Pub. L. 114–328 § 510(b) · 130 Stat. 2000
Redesignated · 10 U.S.C. § 664(c)
Pub. L. 114–328, § 510(b), (g)(1), redesignated subsec. (d) as (c)
Struck · 10 U.S.C. § 664(c)
Pub. L. 114–328, § 510(b), (g)(1), struck out former subsec. (c). Prior to amendment, text of subsec. (c) read as follows: “The Secretary may for purposes of section 661(c)(1)(B) of this title authorize a joint duty assignment of less than the period prescribed by subsection (a), but not less than two years, without the requirement for a waiver under subsection (b) in the case of an officer—
Source evidence
Code amendment note
Subsec. (c). Pub. L. 114–328, § 510(b), (g)(1), redesignated subsec. (d) as (c) and struck out former subsec. (c). Prior to amendment, text of subsec. (c) read as follows: “The Secretary may for purposes of section 661(c)(1)(B) of this title authorize a joint duty assignment of less than the period prescribed by subsection (a), but not less than two years, without the requirement for a waiver under subsection (b) in the case of an officer—“(1) who has a military occupational specialty designated under section 668(d) of this title as a critical occupational specialty; and “(2) for whom such joint duty assignment is the initial joint duty assignment.”
Enacted provision · exact public law section
(b) Repeal of Authority for Shorter Length for Officers Initially Assigned to Critical Occupational Specialties.— Such section is further amended by striking subsection (c).National Defense Authorization Act for Fiscal Year 2017
Pub. L. 114–328 § 510(g)(2) · 130 Stat. 2000
Substituted · 10 U.S.C. § 664(c)(2)
Pub. L. 114–328, § 510(g)(2), substituted “subsection (d)(2)” for “subsection (f)(3)”
Source evidence
Code amendment note
Subsec. (c)(2). Pub. L. 114–328, § 510(g)(2), substituted “subsection (d)(2)” for “subsection (f)(3)”.Enacted provision · exact public law section
(2) in paragraph (2) of subsection (c), as so redesignated and amended, by striking “subsection (f)(3)” and inserting “subsection (d)(2)”.National Defense Authorization Act for Fiscal Year 2017
Pub. L. 114–328 § 510(g)(1) · 130 Stat. 2000
Redesignated · 10 U.S.C. § 664(d)
Pub. L. 114–328, § 510(g)(1), redesignated subsec. (f) as (d). Former subsec. (d) redesignated (c)
Source evidence
Code amendment note
Subsec. (d). Pub. L. 114–328, § 510(g)(1), redesignated subsec. (f) as (d). Former subsec. (d) redesignated (c).Enacted provision · exact public law section
(1) by redesignating subsections (d), (f), (g), and (h), as amended by this section, as subsections (c), (d), (e), and (f), respectively;National Defense Authorization Act for Fiscal Year 2017
Pub. L. 114–328 § 510(c)(1) · 130 Stat. 2000
Substituted · 10 U.S.C. § 664(d)
Pub. L. 114–328, § 510(c)(1), substituted “the requirement in subsection (a)” for “the standards prescribed in subsection (a)” in introductory provisions
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 114–328, § 510(c)(1), substituted “the requirement in subsection (a)” for “the standards prescribed in subsection (a)” in introductory provisions.Enacted provision · exact public law section
(1) in the matter preceding paragraph (1), by striking “the standards prescribed in subsection (a)” and inserting “the requirement in subsection (a)”;National Defense Authorization Act for Fiscal Year 2017
Pub. L. 114–328 § 510(c)(2) · 130 Stat. 2000
Substituted · 10 U.S.C. § 664(d)(1)(D)
Pub. L. 114–328, § 510(c)(2), substituted “assignment as prescribed by the Secretary of Defense in regulations.” for “assignment—
Source evidence
Code amendment note
Subsec. (d)(1)(D). Pub. L. 114–328, § 510(c)(2), substituted “assignment as prescribed by the Secretary of Defense in regulations.” for “assignment—“(i) for unusual personal reasons, including extreme hardship and medical conditions, beyond the control of the officer or the armed forces; or “(ii) to another joint duty assignment immediately after— “(I) the officer was promoted to a higher grade, if the reassignment was made because no joint duty assignment was available within the same organization that was commensurate with the officer’s new grade; or “(II) the officer’s position was eliminated in a reorganization.”
Enacted provision · exact public law section
(2) in paragraph (1)(D), by striking “assignment—” and all that follows and inserting “assignment as prescribed by the Secretary of Defense in regulations.”;National Defense Authorization Act for Fiscal Year 2017
Pub. L. 114–328 § 510(g)(3) · 130 Stat. 2000
Substituted · 10 U.S.C. § 664(d)(2)
Pub. L. 114–328, § 510(g)(3), substituted “subsection (e)” for “subsection (g)”
Source evidence
Code amendment note
Subsec. (d)(2). Pub. L. 114–328, § 510(g)(3), substituted “subsection (e)” for “subsection (g)”.Enacted provision · exact public law section
(3) paragraph (2) of subsection (d), as so redesignated and amended, by striking “subsection (g)” and inserting “subsection (e)”;National Defense Authorization Act for Fiscal Year 2017
Pub. L. 114–328 § 510(c)(3) · 130 Stat. 2000
Redesignated · 10 U.S.C. § 664(d)(2)
Pub. L. 114–328, § 510(c)(3)–(5), redesignated par. (3) as (2)
Substituted · 10 U.S.C. § 664(d)(2)
Pub. L. 114–328, § 510(c)(3)–(5), substituted “the requirement in subsection (a)” for “the applicable standard prescribed in subsection (a)”
Struck · 10 U.S.C. § 664(d)(2)
Pub. L. 114–328, § 510(c)(3)–(5), struck out former par. (2) which read as follows: “Service in a joint duty assignment outside the United States or in Alaska or Hawaii which is less than the applicable standard prescribed in subsection (a).”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 114–328, § 510(c)(3)–(5), redesignated par. (3) as (2), substituted “the requirement in subsection (a)” for “the applicable standard prescribed in subsection (a)”, and struck out former par. (2) which read as follows: “Service in a joint duty assignment outside the United States or in Alaska or Hawaii which is less than the applicable standard prescribed in subsection (a).”Enacted provision · exact public law section
(3) by striking paragraph (2);National Defense Authorization Act for Fiscal Year 2017
Pub. L. 114–328 § 510(c)(4) · 130 Stat. 2000
Redesignated · 10 U.S.C. § 664(d)(3)
Pub. L. 114–328, § 510(c)(4), redesignated par. (3) as (2)
Source evidence
Code amendment note
Subsec. (d)(3). Pub. L. 114–328, § 510(c)(4), redesignated par. (3) as (2).Enacted provision · exact public law section
(4) by redesignating paragraph (3) as paragraph (2); andNational Defense Authorization Act for Fiscal Year 2017
Pub. L. 114–328 § 510(d) · 130 Stat. 2000
Redesignated · 10 U.S.C. § 664(e)
Pub. L. 114–328, § 510(d), (g)(1), (4), redesignated subsec. (g) as (e)
Substituted · 10 U.S.C. § 664(e)
Pub. L. 114–328, § 510(d), (g)(1), (4), substituted “subsection (d)(2)” for “subsection (f)(3)”
Struck · 10 U.S.C. § 664(e)
Pub. L. 114–328, § 510(d), (g)(1), (4), struck out former subsec. (e). Prior to amendment, text of subsec. (e) read as follows:
Source evidence
Code amendment note
Subsec. (e). Pub. L. 114–328, § 510(d), (g)(1), (4), redesignated subsec. (g) as (e), substituted “subsection (d)(2)” for “subsection (f)(3)”, and struck out former subsec. (e). Prior to amendment, text of subsec. (e) read as follows:“(1) The Secretary shall ensure that the average length of joint duty assignments during any fiscal year, measured by the lengths of the joint duty assignments ending during that fiscal year, meets the standards prescribed in subsection (a). “(2) In computing the average length of joint duty assignments for purposes of paragraph (1), the Secretary may exclude the following service: “(A) Service described in subsection (c). “(B) Service described in subsection (d). “(C) Service described in subsection (f)(6).”
Enacted provision · exact public law section
(d) Repeal of Average Tour Length Requirements.— Such section is further amended by striking subsection (e).National Defense Authorization Act for Fiscal Year 2017
Pub. L. 114–328 § 510(g)(1) · 130 Stat. 2000
Redesignated · 10 U.S.C. § 664(f)
Pub. L. 114–328, § 510(g)(1), (5), redesignated subsec. (h) as (f)
Redesignated · 10 U.S.C. § 664(f)
Pub. L. 114–328, § 510(g)(1), (5), substituted “subsection (d)(1)” for “paragraphs (1), (2), and (4) of subsection (f)”. Former subsec. (f) redesignated (d)
Source evidence
Code amendment note
Subsec. (f). Pub. L. 114–328, § 510(g)(1), (5), redesignated subsec. (h) as (f) and substituted “subsection (d)(1)” for “paragraphs (1), (2), and (4) of subsection (f)”. Former subsec. (f) redesignated (d).Enacted provision · exact public law section
(1) by redesignating subsections (d), (f), (g), and (h), as amended by this section, as subsections (c), (d), (e), and (f), respectively;National Defense Authorization Act for Fiscal Year 2017
Pub. L. 114–328 § 510(e)(1) · 130 Stat. 2000
Substituted · 10 U.S.C. § 664(f)(1)
Pub. L. 114–328, § 510(e)(1), substituted “the requirement in subsection (a)” for “standards prescribed in subsection (a)”
Source evidence
Code amendment note
Subsec. (f)(1). Pub. L. 114–328, § 510(e)(1), substituted “the requirement in subsection (a)” for “standards prescribed in subsection (a)”.Enacted provision · exact public law section
(1) in paragraph (1), by striking “standards prescribed in subsection (a)” and inserting “the requirement in subsection (a)”;National Defense Authorization Act for Fiscal Year 2017
Pub. L. 114–328 § 510(e)(2) · 130 Stat. 2000
Redesignated · 10 U.S.C. § 664(f)(2)(6)
Pub. L. 114–328, § 510(e)(2)–(4), redesignated pars. (3), (5), and (6) as (2), (3), and (4), respectively
Struck · 10 U.S.C. § 664(f)(2)(6)
Pub. L. 114–328, § 510(e)(2)–(4), struck out “, but not less than two years” before period at end of par. (4)
Struck · 10 U.S.C. § 664(f)(2)(6)
Pub. L. 114–328, § 510(e)(2)–(4), struck out former pars. (2) and (4) which read as follows:
Source evidence
Code amendment note
Subsec. (f)(2) to (6). Pub. L. 114–328, § 510(e)(2)–(4), redesignated pars. (3), (5), and (6) as (2), (3), and (4), respectively, struck out “, but not less than two years” before period at end of par. (4), and struck out former pars. (2) and (4) which read as follows:“(2) A joint duty assignment under the circumstances described in subsection (c).” “(4) A joint duty assignment outside the United States or in Alaska or Hawaii for which the normal accompanied-by-dependents tour of duty is prescribed by regulation to be at least two years in length, if the officer serves in the assignment for a period equivalent to the accompanied-by-dependents tour length.”
Enacted provision · exact public law section
(2) by striking paragraphs (2) and (4);National Defense Authorization Act for Fiscal Year 2017
Pub. L. 114–328 § 510(g)(1) · 130 Stat. 2000
Redesignated · 10 U.S.C. § 664(g)
Pub. L. 114–328, § 510(g)(1), redesignated subsec. (g) as (e)
Source evidence
Code amendment note
Subsec. (g). Pub. L. 114–328, § 510(g)(1), redesignated subsec. (g) as (e).Enacted provision · exact public law section
(1) by redesignating subsections (d), (f), (g), and (h), as amended by this section, as subsections (c), (d), (e), and (f), respectively;National Defense Authorization Act for Fiscal Year 2017
Pub. L. 114–328 § 510(g)(1) · 130 Stat. 2000
Redesignated · 10 U.S.C. § 664(h)
Pub. L. 114–328, § 510(g)(1), redesignated subsec. (h) as (f)
Source evidence
Code amendment note
Subsec. (h). Pub. L. 114–328, § 510(g)(1), redesignated subsec. (h) as (f).Enacted provision · exact public law section
(1) by redesignating subsections (d), (f), (g), and (h), as amended by this section, as subsections (c), (d), (e), and (f), respectively;National Defense Authorization Act for Fiscal Year 2017
Pub. L. 114–328 § 510(f) · 130 Stat. 2000
Struck · 10 U.S.C. § 664(h)
Pub. L. 114–328, § 510(f), struck out par. (1) designation before “The Secretary of Defense may”
Substituted · 10 U.S.C. § 664(h)
Pub. L. 114–328, § 510(f), substituted “award” for “accord”
Struck · 10 U.S.C. § 664(h)
Pub. L. 114–328, § 510(f), struck out par. (2) which read as follows: “For the purpose of computing under subsection (e) the average length of joint duty assignments during a fiscal year, the amount of any constructive service credited under this subsection with respect to a joint duty assignment to be counted in that computation shall be excluded.”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 114–328, § 510(f), struck out par. (1) designation before “The Secretary of Defense may”, substituted “award” for “accord”, and struck out par. (2) which read as follows: “For the purpose of computing under subsection (e) the average length of joint duty assignments during a fiscal year, the amount of any constructive service credited under this subsection with respect to a joint duty assignment to be counted in that computation shall be excluded.”Enacted provision · exact public law section
(f) Constructive Credit.— Subsection (h) of such section is amended— (1) by striking “(1)”; (2) by striking “accord” and inserting “award”; and (3) by striking paragraph (2).John S. McCain National Defense Authorization Act for Fiscal Year 2019
Pub. L. 115–232 div. A title X § 1081(a)(9) · 132 Stat. 1636
Substituted · 10 U.S.C. § 664(d)(1)
Pub. L. 115–232 substituted “the requirement” for “the the requirement”
Source evidence
Code amendment note
Subsec. (d)(1). Pub. L. 115–232 substituted “the requirement” for “the the requirement”.Enacted provision · exact public law section
(9) Section 664(d)(1) is amended by striking “the the” and inserting “the”.
78 of 78 references resolved to an enrolled provision
Editorial Notes
Amendments1987–2018 · 9 rounds
2018
Subsec. (d)(1). Pub. L. 115–232 substituted “the requirement” for “the the requirement”.
2016
Subsec. (a). Pub. L. 114–328, § 510(a), substituted “assignment shall be not less than two years.” for “assignment—
“(1) for general and flag officers shall be not less than two years; and
“(2) for other officers shall be not less than three years.”
Subsec. (c). Pub. L. 114–328, § 510(b), (g)(1), redesignated subsec. (d) as (c) and struck out former subsec. (c). Prior to amendment, text of subsec. (c) read as follows: “The Secretary may for purposes of section 661(c)(1)(B) of this title authorize a joint duty assignment of less than the period prescribed by subsection (a), but not less than two years, without the requirement for a waiver under subsection (b) in the case of an officer—
“(1) who has a military occupational specialty designated under section 668(d) of this title as a critical occupational specialty; and
“(2) for whom such joint duty assignment is the initial joint duty assignment.”
Subsec. (c)(2). Pub. L. 114–328, § 510(g)(2), substituted “subsection (d)(2)” for “subsection (f)(3)”.
Subsec. (d). Pub. L. 114–328, § 510(g)(1), redesignated subsec. (f) as (d). Former subsec. (d) redesignated (c).
Pub. L. 114–328, § 510(c)(1), substituted “the requirement in subsection (a)” for “the standards prescribed in subsection (a)” in introductory provisions.
Subsec. (d)(1)(D). Pub. L. 114–328, § 510(c)(2), substituted “assignment as prescribed by the Secretary of Defense in regulations.” for “assignment—
“(i) for unusual personal reasons, including extreme hardship and medical conditions, beyond the control of the officer or the armed forces; or
“(ii) to another joint duty assignment immediately after—
“(I) the officer was promoted to a higher grade, if the reassignment was made because no joint duty assignment was available within the same organization that was commensurate with the officer’s new grade; or
“(II) the officer’s position was eliminated in a reorganization.”
Subsec. (d)(2). Pub. L. 114–328, § 510(g)(3), substituted “subsection (e)” for “subsection (g)”.
Pub. L. 114–328, § 510(c)(3)–(5), redesignated par. (3) as (2), substituted “the requirement in subsection (a)” for “the applicable standard prescribed in subsection (a)”, and struck out former par. (2) which read as follows: “Service in a joint duty assignment outside the United States or in Alaska or Hawaii which is less than the applicable standard prescribed in subsection (a).”
Subsec. (d)(3). Pub. L. 114–328, § 510(c)(4), redesignated par. (3) as (2).
Subsec. (e). Pub. L. 114–328, § 510(d), (g)(1), (4), redesignated subsec. (g) as (e), substituted “subsection (d)(2)” for “subsection (f)(3)”, and struck out former subsec. (e). Prior to amendment, text of subsec. (e) read as follows:
“(1) The Secretary shall ensure that the average length of joint duty assignments during any fiscal year, measured by the lengths of the joint duty assignments ending during that fiscal year, meets the standards prescribed in subsection (a).
“(2) In computing the average length of joint duty assignments for purposes of paragraph (1), the Secretary may exclude the following service:
“(A) Service described in subsection (c).
“(B) Service described in subsection (d).
“(C) Service described in subsection (f)(6).”
Subsec. (f). Pub. L. 114–328, § 510(g)(1), (5), redesignated subsec. (h) as (f) and substituted “subsection (d)(1)” for “paragraphs (1), (2), and (4) of subsection (f)”. Former subsec. (f) redesignated (d).
Subsec. (f)(1). Pub. L. 114–328, § 510(e)(1), substituted “the requirement in subsection (a)” for “standards prescribed in subsection (a)”.
Subsec. (f)(2) to (6). Pub. L. 114–328, § 510(e)(2)–(4), redesignated pars. (3), (5), and (6) as (2), (3), and (4), respectively, struck out “, but not less than two years” before period at end of par. (4), and struck out former pars. (2) and (4) which read as follows:
“(2) A joint duty assignment under the circumstances described in subsection (c).”
“(4) A joint duty assignment outside the United States or in Alaska or Hawaii for which the normal accompanied-by-dependents tour of duty is prescribed by regulation to be at least two years in length, if the officer serves in the assignment for a period equivalent to the accompanied-by-dependents tour length.”
Subsec. (g). Pub. L. 114–328, § 510(g)(1), redesignated subsec. (g) as (e).
Subsec. (h). Pub. L. 114–328, § 510(g)(1), redesignated subsec. (h) as (f).
Pub. L. 114–328, § 510(f), struck out par. (1) designation before “The Secretary of Defense may”, substituted “award” for “accord”, and struck out par. (2) which read as follows: “For the purpose of computing under subsection (e) the average length of joint duty assignments during a fiscal year, the amount of any constructive service credited under this subsection with respect to a joint duty assignment to be counted in that computation shall be excluded.”
2008
Subsec. (d)(1)(D). Pub. L. 110–417, § 524(a)(1), added subpar. (D) and struck out former subpar. (D) which read as follows: “a qualifying reassignment (as described in subsection (g)(4)).”
Subsec. (d)(3). Pub. L. 110–417, § 524(a)(2), added par. (3) and struck out former par. (3) which read as follows: “Service in a joint duty assignment in a case in which—
“(A) the officer’s tour of duty in that assignment brings the officer’s cumulative service for purposes of subsection (f)(3) to the applicable standard prescribed in subsection (a); and
“(B) the length of time served in that assignment (in any case other than an assignment which is described in subsection (g)(4)(B)) was not less than two years.”
Subsec. (e)(2). Pub. L. 110–417, § 524(b), added par. (2) and struck out former par. (2) which read as follows: “In computing the average length of joint duty assignments for purposes of paragraph (1), the Secretary may exclude the following service:
“(A) Service described in subsection (c), except that not more than 12½ percent of all joint duty assignments shown on the list published pursuant to section 668(b)(2)(A) of this title may be so excluded in any year.
“(B) Service described in subsection (d).
“(C) Service described in subsection (f)(6), except that no more than 10 percent of all joint duty assignments shown on the list published pursuant to section 668(b)(2)(A) of this title may be so excluded in any year.”
Subsec. (f). Pub. L. 110–417, § 524(c), in par. (3) substituted “Accrued joint experience” for “Cumulative service”, in par. (4) struck out “(except that not more than 6 percent of all joint duty assignments may be considered to be under this paragraph at any time)” before period at end, added par. (6), and struck out former par. (6) which read as follows “A second joint duty assignment that is less than the period required under subsection (a), but not less than two years, without regard to whether a waiver was granted for such assignment under subsection (b).”.
Subsec. (g). Pub. L. 110–417, § 524(d), amended subsec. (g) generally. Prior to amendment, subsec. (g) related to cumulative service of an officer in joint duty assignments.
Subsec. (h). Pub. L. 110–417, § 524(e), substituted “paragraphs (1), (2), and (4) of subsection (f)” for “subsection (f)(1), (f)(2), (f)(4), or (g)(2)” in par. (1) and struck out par. (3) which read as follows: “This subsection shall not apply in the case of an officer who serves less than 10 months in the joint duty assignment.”
Subsec. (i). Pub. L. 110–417, § 524(f), struck out subsec. (i) which related to joint duty credit for certain joint task force assignments.
2006
Subsec. (c). Pub. L. 109–364, in introductory provisions, substituted “661(c)(1)(B)” for “661(c)(2)”, redesignated pars. (2) and (3) as (1) and (2), respectively, in par. (1), substituted “668(d)” for “661(c)(2)”, and struck out former par. (1) which read as follows: “who is nominated for the joint specialty;”.
2001
Subsec. (i)(4)(E). Pub. L. 107–107, § 522(1), substituted “Except as provided in subparagraph (F), the joint task force” for “The joint task force”.
Subsec. (i)(4)(F). Pub. L. 107–107, § 522(2), added subpar. (F).
1999
Subsec. (i)(2)(A). Pub. L. 106–65 substituted “” for “the date of the enactment of this subsection” in introductory provisions.
1996
Subsec. (e)(1). Pub. L. 104–106, § 501(f), struck out “(after fiscal year 1990)” after “any fiscal year”.
Subsec. (e)(2)(C). Pub. L. 104–106, § 501(e)(1), added subpar. (E).
Subsec. (f). Pub. L. 104–106, § 501(e)(2)(A), substituted “completion of any of the following:” for “completion of—” in introductory provisions.
Subsec. (f)(1). Pub. L. 104–106, § 501(e)(2)(B), (D), substituted “A joint duty” for “a joint duty” and “subsection (a).” for “subsection (a);”.
Subsec. (f)(2). Pub. L. 104–106, § 501(e)(2)(B), (D), substituted “A joint duty” for “a joint duty” and “subsection (c).” for “subsection (c);”.
Subsec. (f)(3). Pub. L. 104–106, § 501(e)(2)(C), (D), substituted “Cumulative” for “cumulative” and “subsection (g).” for “subsection (g);”.
Subsec. (f)(4). Pub. L. 104–106, § 501(e)(2)(B), (D), substituted “A joint duty” for “a joint duty” and “any time).” for “any time); or”.
Subsec. (f)(5). Pub. L. 104–106, § 501(e)(2)(B), substituted “A joint duty” for “a joint duty”.
Subsec. (f)(6). Pub. L. 104–106, § 501(e)(2)(E), added par. (6).
Subsec. (i). Pub. L. 104–106, § 501(b), added subsec. (i).
1988
Subsec. (a)(1). Pub. L. 100–456, § 514(1)(A), substituted “two years” for “three years”.
Subsec. (a)(2). Pub. L. 100–456, § 514(1)(B), substituted “three years” for “three and one-half years”.
Subsec. (c)(1). Pub. L. 100–456, § 514(2), substituted “is” for “has been” and struck out “before such assignment begins” after “specialty”.
Subsec. (d)(2). Pub. L. 100–456, § 514(3), inserted “which is less than the applicable standard prescribed in subsection (a)” after “Hawaii”.
Subsec. (e)(2)(A). Pub. L. 100–456, § 517(b), substituted “12½ percent” for “10 percent”.
Subsec. (f)(4), (5). Pub. L. 100–456, § 514(4), added pars. (4) and (5).
Subsec. (g)(3). Pub. L. 100–456, § 514(5), substituted “shall be excluded if the officer served less than 10 months in that assignment” for “shall be excluded—
“(A) if the officer served less than 10 months in that assignment; and
“(B) to the extent that the assignment was served more than eight years before the date of computation of the cumulative service.”
Subsec. (h). Pub. L. 100–456, § 514(6), added subsec. (h).
1987
Subsec. (b). Pub. L. 100–180 added subsec. (b) and struck out former subsec. (b) which read as follows: “The Secretary of Defense may waive subsection (a) in the case of any officer, but the Secretary shall ensure that the average length of joint duty assignments meets the standards prescribed in that subsection.”
Subsec. (c). Pub. L. 100–180 added subsec. (c) and struck out former subsec. (c), “Certain officers with critical combat operations skills”, which read as follows: “Joint duty assignments of less than the period prescribed by subsection (a), but not less than two years, may be authorized for the purposes of section 661(c)(2) of this title. Such an assignment may not be counted for the purposes of determining the average length of joint duty assignments under subsection (b).”
Subsec. (d). Pub. L. 100–180 added subsec. (d) and struck out former subsec. (d), “Exception”, which read as follows:
“(1) Subsection (a) does not apply in the case of an officer who fails to complete a joint duty assignment as the result of—
“(A) retirement;
“(B) separation from active duty; or
“(C) suspension from duty under section 155(f)(2) or 164(g) of this title.
“(2) In computing the average length of joint duty assignments for purposes of this section, the Secretary of Defense shall exclude joint duty assignments not completed because of a reason specified in paragraph (1).”
Subsecs. (e) to (g). Pub. L. 100–180 added subsecs. (e) to (g).
Statutory Notes and Related Subsidiaries
Effective Date of 2006 Amendment
Pub. L. 109–364, div. A, title V, § 519(e), , 120 Stat. 2191, provided that: “The amendments made by this section [amending this section, former section 667, and section 668 of this title] shall take effect on .”
Retroactive Joint Service Credit for Duty in Certain Joint Task Forces
Pub. L. 107–107, div. A, title V, § 523, , 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 headquarters in certain operations and during certain periods, and the Secretary was required to submit to Congress a report of the numbers, by service, grade, and operation, of the officers given joint service credit not later than one year after .
Joint Duty Credit for Certain Duty Performed During Operations Desert Shield and Desert Storm
Pub. L. 103–160, div. A, title IX, § 932, , 107 Stat. 1735, provided extension of authority until the end of the 90-day period beginning on , 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, , 106 Stat. 2476, as amended by Pub. L. 103–35, title II, § 202(a)(9), , 107 Stat. 101; Pub. L. 103–160, div. A, title IX, § 932(c)(1), , 107 Stat. 1735, temporarily authorized the Secretary of Defense to give an officer who had completed service during the period beginning on , and ending on , 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 .
Length of Joint Duty Assignments
Pub. L. 99–433, title IV, § 406(e), , 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 assignments after the end of the 90-day period beginning on the date of the enactment of this Act []. In computing an average under subsection (b) of such section, only joint duty assignments to which such subsection 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.
Credits
1986–2018 · 10 acts
- 1986Added Pub. L. 99–433, title IV, § 401(a), , 100 Stat. 1028
- 1987amended Pub. L. 100–180, div. A, title XIII, § 1303(a), , 101 Stat. 1170
- 1988Pub. L. 100–456, div. A, title V, §§ 514, 517(b), , 102 Stat. 1969, 1971
- 1996Pub. L. 104–106, div. A, title V, § 501(b), (e), (f), , 110 Stat. 290, 292
- 1999Pub. L. 106–65, div. A, title X, § 1066(a)(5), , 113 Stat. 770
- 2001Pub. L. 107–107, div. A, title V, § 522, , 115 Stat. 1097
- 2006Pub. L. 109–364, div. A, title V, § 519(d)(1), , 120 Stat. 2191
- 2008Pub. L. 110–417, [div. A], title V, § 524, , 122 Stat. 4446
- 2016Pub. L. 114–328, div. A, title V, § 510, , 130 Stat. 2110
- 2018Pub. L. 115–232, div. A, title X, § 1081(a)(9), , 132 Stat. 1983.
Show as published
(Added Pub. L. 99–433, title IV, § 401(a), , 100 Stat. 1028; amended Pub. L. 100–180, div. A, title XIII, § 1303(a), , 101 Stat. 1170; Pub. L. 100–456, div. A, title V, §§ 514, 517(b), , 102 Stat. 1969, 1971; Pub. L. 104–106, div. A, title V, § 501(b), (e), (f), , 110 Stat. 290, 292; Pub. L. 106–65, div. A, title X, § 1066(a)(5), , 113 Stat. 770; Pub. L. 107–107, div. A, title V, § 522, , 115 Stat. 1097; Pub. L. 109–364, div. A, title V, § 519(d)(1), , 120 Stat. 2191; Pub. L. 110–417, [div. A], title V, § 524, , 122 Stat. 4446; Pub. L. 114–328, div. A, title V, § 510, , 130 Stat. 2110; Pub. L. 115–232, div. A, title X, § 1081(a)(9), , 132 Stat. 1983.)