USC Chapter 38

USC Chapter 38
in effect

10 U.S.C. § 661 Management policies for joint qualified 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, and officers of the Space Force on the Space Force officer 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) as a joint qualified officer or in such other manner as the Secretary of Defense directs. (b) Levels, Designation, and Numbers.—(1)(A) The Secretary of Defense shall establish different levels of joint qualification, as well as the criteria for qualification at each level. Such levels of joint qualification shall be established by the Secretary with the advice of the Chairman of the Joint Chiefs of Staff. Each level shall, as a minimum, have both joint education criteria and joint experience criteria. The purpose of establishing such qualification levels is to ensure a systematic, progressive, career-long development of officers in joint matters and to ensure that officers serving as general and flag officers have the requisite experience and education to be highly proficient in joint matters. (B) The number of officers who are joint qualified shall be determined by the Secretary of Defense, with the advice of the Chairman of the Joint Chiefs of Staff. Such number shall be large enough to meet the requirements of subsection (d). (2) Certain officers shall be designated as joint qualified by the Secretary of Defense with the advice of the Chairman of the Joint Chiefs of Staff. (3) An officer may be designated as joint qualified under paragraph (2) only if the officer—(A) meets the education and experience criteria of subsection (c); (B) meets such additional criteria as prescribed by the Secretary of Defense; and (C) holds the grade of captain or, in the case of the Navy, lieutenant or a higher grade. (4) The authority of the Secretary of Defense under paragraph (2) to designate officers as joint qualified may be delegated only to the Deputy Secretary of Defense or an Under Secretary of Defense. (c) Education and Experience Requirements.—(1) An officer may not be designated as joint qualified until the officer—(A) successfully completes an appropriate program of joint professional military education, as described in subsections (b) and (c) of section 2155 of this title, at a joint professional military education school; and (B) successfully completes—(i) a full tour of duty in a joint assignment, as described in section 664(d) of this title; or (ii) such other assignments and experiences in a manner that demonstrate the officer’s mastery of knowledge, skills, and abilities in joint matters, as determined under such regulations and policy as the Secretary of Defense may prescribe. (2) Subject to paragraphs (3) through (6), the Secretary of Defense may waive the requirement under paragraph (1)(A) that an officer has successfully completed a program of education, as described in subsections (b) and (c) of section 2155 of this title. (3) In the case of an officer in a grade below brigadier general or rear admiral (lower half), a waiver under paragraph (2) may be granted only if—(A) the officer has completed two full tours of duty in a joint duty assignment, as described in section 664(d) of this title, in such a manner as to demonstrate the officer’s mastery of knowledge, skills, and abilities on joint matters; and (B) the Secretary of Defense determines that the types of joint duty experiences completed by the officer have been of sufficient breadth to prepare the officer adequately for service as a general or flag officer in a joint duty assignment position. (4) In the case of a general or flag officer, a waiver under paragraph (2) may be granted only—(A) under unusual circumstances justifying the variation from the education requirement under paragraph (1)(A); and (B) under circumstances in which the waiver is necessary to meet a critical need of the armed forces, as determined by the Chairman of the Joint Chiefs of Staff. (5) In the case of officers in grades below brigadier general or rear admiral (lower half), the total number of waivers granted under paragraph (2) for officers in the same pay grade during a fiscal year may not exceed 10 percent of the total number of officers in that pay grade designated as joint qualified during that fiscal year. (6) There may not be more than 32 general and flag officers on active duty at the same time who, while holding a general or flag officer position, were designated joint qualified (or were selected for the joint specialty before October 1, 2007) and for whom a waiver was granted under paragraph (2). (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 major or, in the case of the Navy, lieutenant commander are filled at any time by officers who have the appropriate level of joint qualification. (2) The Secretary of Defense, with the advice of the Chairman of the Joint Chiefs of Staff, shall designate an appropriate number of joint duty assignment positions as critical joint duty assignment positions. A position may be designated as a critical joint duty assignment position only if the duties and responsibilities of the position make it important that the occupant be particularly trained in, and oriented toward, joint matters. (3)(A) Subject to subparagraph (B), a position designated under paragraph (2) may be held only by an officer who—(i) was designated as joint qualified in accordance with this chapter; or (ii) was selected for the joint specialty before October 1, 2007. (B) The Secretary of Defense may waive the requirement in subparagraph (A) with respect to the assignment of an officer to a position designated under paragraph (2). Any such waiver shall be granted on a case-by-case basis. The authority of the Secretary to grant such a waiver may be delegated only to the Chairman of the Joint Chiefs of Staff or a designee of the Chairman who is an officer of the armed forces in grade O–9 or higher. (4) The Secretary of Defense shall ensure that, of those joint duty assignment positions that are filled by general or flag officers, a substantial portion are among those positions that are designated under paragraph (2) as critical joint duty assignment positions. (e) Career Guidelines.—The Secretary, with the advice of the Chairman of the Joint Chiefs of Staff, shall establish career guidelines for officers to achieve joint qualification and for officers who have been designated as joint qualified. 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. (f) Treatment of Certain Service.—Any service by an officer in the grade of captain or, in the case of the Navy, lieutenant in a joint duty assignment shall be considered to be service in a joint duty assignment for purposes of all laws (including section 619a of this title) establishing a requirement or condition with respect to an officer’s service in a joint duty assignment.

10 U.S.C. § 662 Promotion policy objectives for joint officers

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 to the next higher grade at a rate not less than the rate for officers of the same armed force in the same grade and competitive category who are serving on, or have served on, the headquarters staff of their armed force; and (2) officers in the grade of major (or in the case of the Navy, lieutenant commander) or above who have been designated as a joint qualified officer are expected, as a group, to be promoted to the next higher grade at a rate not less than the rate for all officers of the same armed force in the same grade and competitive category.

10 U.S.C. § 663 Joint duty assignments after completion of joint professional military education

(a) Joint Qualified Officers.—The Secretary of Defense shall ensure that each officer designated as a joint qualified officer who graduates from a school within the National Defense University specified in subsection (c) shall be assigned to a joint duty assignment for that officer’s next duty assignment after such graduation (unless the officer receives a waiver of that requirement by the Secretary in an individual case). (b) Other Officers.—(1) The Secretary of Defense shall ensure that a high proportion (which shall be greater than 50 percent) of the officers graduating from a school within the National Defense University specified in subsection (c) who are not designated as a joint qualified officer shall receive assignments to a joint duty assignment (or, as authorized by the Secretary in an individual case, to a joint assignment other than a joint duty assignment) as their next duty assignment after such graduation or, to the extent authorized in paragraph (2), as their second duty assignment after such graduation. (2) The Secretary may, if the Secretary determines that it is necessary to do so for the efficient management of officer personnel, establish procedures to allow up to one-half of the officers subject to the assignment requirement in paragraph (1) to be assigned to such an assignment as their second (rather than first) assignment after such graduation from a school referred to in paragraph (1). (c) Covered Schools Within the National Defense University.—For purposes of this section, a school within the National Defense University specified in this subsection is one of the following:(1) The National War College. (2) The Dwight D. Eisenhower School for National Security and Resource Strategy. (3) The Joint Forces Staff College. (d) Exception for Officers Graduating From Other-than-in-residence Programs.—(1) Subsection (a) does not apply to an officer graduating from a school within the National Defense University specified in subsection (c) following pursuit of a program on an other-than-in-residence basis. (2) Subsection (b) does not apply with respect to any group of officers graduating from a school within the National Defense University specified in subsection (c) following pursuit of a program on an other-than-in-residence basis.

10 U.S.C. § 664 Length of joint duty assignments

(a) General Rule.—The length of a joint duty assignment shall be not less than two years. (b) Waiver Authority.—The Secretary of Defense may waive subsection (a) in the case of any officer. (c) Exclusions From Tour Length.—The Secretary of Defense may exclude the following service from the requirement in subsection (a):(1) Service in a joint duty assignment in which the full tour of duty in the assignment is not completed by the officer because of—(A) retirement; (B) release from active duty; (C) suspension from duty under section 155(f)(2) or 164(g) of this title; or (D) a qualifying reassignment from a joint duty assignment as prescribed by the Secretary of Defense in regulations. (2) Service in a joint duty assignment in a case in which the officer’s tour of duty in that assignment brings the officer’s accrued service for purposes of subsection (d)(2) to the requirement in subsection (a). (d) Full Tour of Duty.—An officer shall be considered to have completed a full tour of duty in a joint duty assignment upon completion of any of the following:(1) A joint duty assignment that meets the requirement in subsection (a). (2) Accrued joint experience in joint duty assignments as described in subsection (e). (3) 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. (4) A second and subsequent joint duty assignment that is less than the period required under subsection (a). (e) 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. (f) 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.

10 U.S.C. § 665 Procedures for monitoring careers of joint qualified officers

(a) Procedures.—(1) The Secretary of Defense, with the advice of the Chairman of the Joint Chiefs of Staff, shall establish procedures for overseeing the careers of—(A) officers designated as a joint qualified officer; and (B) other officers who serve 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 that it can—(1) monitor the promotions and career assignments of officers designated as a joint qualified officer and of other officers who have served in joint duty assignments; and (2) otherwise advise the Chairman on joint personnel matters.

10 U.S.C. § 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.

10 U.S.C. § 668 Definitions

(a) Joint Matters.—(1) In this chapter, the term “joint matters” means matters related to any of the following:(A) The development or achievement of strategic objectives through the synchronization, coordination, and organization of integrated forces in operations conducted across domains, such as land, sea, or air, in space, or in the information environment, including matters relating to any of the following:(i) National military strategy. (ii) Strategic planning and contingency planning. (iii) Command and control, intelligence, fires, movement and maneuver, protection or sustainment of operations under unified command. (iv) National security planning with other departments and agencies of the United States. (v) Combined operations with military forces of allied nations. (B) Acquisition matters conducted by members of the armed forces and covered under chapter 87 of this title involved in developing, testing, contracting, producing, or fielding of multi-service programs or systems. (C) Other matters designated in regulation by the Secretary of Defense in consultation with the Chairman of the Joint Chiefs of Staff. (2) In the context of joint matters, the term “integrated forces” refers to military forces that are involved in achieving unified action with participants from—(A) more than one military department; or (B) a military department and one or more of the following:(i) Other departments and agencies of the United States. (ii) The military forces or agencies of other countries. (iii) Non-governmental persons or entities. (b) Joint Duty Assignment.—(1) The Secretary of Defense shall by regulation define the term “joint duty assignment” for the purposes of this chapter. That definition—(A) shall be limited to assignments in which—(i) the preponderance of the duties of the officer involve joint matters and (ii) the officer gains significant experience in joint matters; and (B) shall exclude student assignments for joint training and education. (2) The Secretary shall publish a joint duty assignment list showing—(A) the positions that are joint duty assignment positions under such regulation and the number of such positions and, of those positions, those that are positions held by general or flag officers 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 and, of those positions, those that are positions held by general or flag officers and the number of such positions. (c) Clarification of “Tour of Duty”.—For purposes of this chapter, a tour of duty in which an officer serves in more than one joint duty assignment without a break between such assignments shall be considered to be a single tour of duty in a joint duty assignment.

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