REVISION OF GOLDWATER-NICHOLS REQUIREMENT OF SERVICE IN A JOINT DUTY ASSIGNMENT BEFORE PROMOTION TO GENERAL OR FLAG GRADE.

SEC. 931. REVISION OF GOLDWATER-NICHOLS REQUIREMENT OF SERVICE IN A JOINT DUTY ASSIGNMENT BEFORE PROMOTION TO GENERAL OR FLAG GRADE. (a) In General.—Chapter 36 of title 10, United States Code, is amended by inserting after section 619 the following new section: “§ 619a. Eligibility for consideration for promotion: joint duty assignment required before promotion to general or flag grade; exceptions “(a) General Rule.—An officer on the active-duty list of the Army, Navy, Air Force, or Marine Corps may not be appointed to the grade of brigadier general or rear admiral (lower half) unless the officer has completed a full tour of duty in a joint duty assignment (as described in section 664(f) of this title). “(b) Exceptions.—Subject to subsection (c), the Secretary of Defense may waive subsection (a) in the following circumstances: “(1) When necessary for the good of the service. “(2) In the case of an officer whose proposed selection for promotion is based primarily upon scientific and technical qualifications for which joint requirements do not exist. “(3) In the case of— “(A) a medical officer, dental officer, veterinary officer, medical service officer, nurse, or biomedical science officer; “(B) a chaplain; or “(C) a judge advocate. “(4) In the case of an officer selected by a promotion board for appointment to the grade of brigadier general or rear admiral (lower half) while serving in a joint duty assignment if— “(A) at least 180 days of that joint duty assignment have been completed on the date of the convening of that selection board; and “(B) the officer’s total consecutive service in joint duty assignments within that immediate organization is not less than two years. “(5) In the case of an officer who served in a joint duty assignment that began before January 1, 1987, if the officer served in that assignment for a period of sufficient duration (which may not be less than 12 months) for the officer’s service to have been considered a full tour of duty under the policies and regulations in effect on September 30, 1986. “(c) Waiver To Be Individual.—A waiver may be granted under subsection (b) only on a case-by-case basis in the case of an individual officer. “(d) Special Rule for Good-of-the-Service Waiver.—In the case of a waiver under subsection (b)(1), the Secretary shall provide that the first duty assignment as a general or flag officer of the officer for whom the waiver is granted shall be in a joint duty assignment. “(e) Limitation on Delegation of Waiver Authority.—The authority of the Secretary of Defense to grant a waiver under subsection (b) (other than under paragraph (1) of that subsection) may be delegated only to the Deputy Secretary of Defense, an Under Secretary of Defense, or an Assistant Secretary of Defense. 107 STAT. 1733 “(f) Regulations.—The Secretary of Defense shall prescribe regulations to carry out this section. The regulations shall specifically identify for purposes of subsection (b)(2) those categories of officers for which selection for promotion to brigadier general or, in the case of the Navy, rear admiral (lower half) is based primarily upon scientific and technical qualifications for which joint requirements do not exist. “(g) Transition Waiver Authorities.—(1)(A) Until January 1, 1999, the Secretary of Defense may waive subsection (a) in the case of an officer who served in an assignment (other than a joint duty assignment) that began before October 1, 1986, and that involved significant experience in joint matters (as determined by the Secretary) if the officer served in that assignment for a period of sufficient duration (which may not be less than 12 months) for the officer’s service to have been considered a full tour of duty under the policies and regulations in effect on September 30, 1986. “(B) Of the total number of appointments to the grades of brigadier general and rear admiral (lower half) for officers on the active-duty lists of the Army, Navy, Air Force, and Marine Corps during each of the years 1995 through 1999, the number in any such year that are made using a waiver under subparagraph (A) may not exceed the applicable percentage of such total determined as follows: “Year: Applicable Percentage: 1995 20 1996 15 1997 10 1998 5 “(C) The provisions of subsections (c) and (e) apply to waivers under this paragraph in the same manner as to waivers under subsection (b). “(2) Until January 1, 1999, the Secretary of Defense may waive subsection (d) in the case of an officer granted a waiver of subsection (a) under the authority of subsection (b)(1). “(3)(A) An officer described in subparagraph (B) may not be appointed to the grade of lieutenant general or vice admiral until the officer completes a full tour of duty in a joint duty assignment. “(B) Subparagraph (A) applies to an officer— “(i) who is promoted after January 1, 1994, to the grade of brigadier general or rear admiral (lower half) and who receives a waiver of subsection (a) under the authority of paragraph (1) of this subsection; or “(ii) who receives a waiver of subsection (d) under the authority of paragraph (2) of this subsection. “(h) Special Transition Rules for Nuclear Propulsion Officers.—(1) Until January 1, 1997, an officer of the Navy designated as a qualified nuclear propulsion officer may be appointed to the grade of rear admiral (lower half) without regard to subsection (a). An officer so appointed may not be appointed to the grade of rear admiral until the officer completes a full tour of duty in a joint duty assignment. “(2) Not later than March 1 of each year from 1994 through 1997, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the implementation during the preceding calendar year of the transition plan developed by the Secretary pursuant to section 107 STAT. 17341305(b) of Public Law 100–180 (10 U.S.C. 619a note) with respect to service by qualified nuclear propulsion officers in joint duty assignments”. (b) Conforming Repeal.—Section 619 of title 10, United States Code, is amended by striking out subsection (e). (c) Clerical Amendments.—(1) The heading of section 619 is amended to read as follows: “§ 619. Eligibility for consideration for promotion: time-in-grade and other requirements. (2) The table of sections at the beginning of subchapter II of chapter 36 of such title is amended by striking out the item relating to section 619 and inserting in lieu thereof the following new items: “619. Eligibility for consideration for promotion: time-in-grade and other requirements. “619a. Eligibility for consideration for promotion: joint duty assignment required before promotion to general or flag grade; exceptions.”. (d) Report on Plans for Compliance With Section 619a.—Not later than February 1, 1994, the Secretary of Defense shall certify to Congress that the Army, Navy, Air Force, and Marine Corps have each developed and implemented a plan for their officer personnel assignment and promotion policies so as to ensure compliance with the requirements of section 619a of title 10, United States Code, as added by subsection (a). Each such plan should particularly ensure that by January 1, 1999, the service covered by the plan shall have enough officers who have completed a full tour of duty in a joint duty assignment so as to permit the orderly promotion of officers to brigadier general or, in the case of the Navy, rear admiral (lower half) pursuant to the requirements of chapter 38 of title 10, United States Code. (e) Additional Information To Be Included in Next Five Annual Joint Officer Policy Reports.—The Secretary of Defense shall include as part of the information submitted to Congress pursuant to section 667 of title 10, United States Code, for each of the next five years after the date of the enactment of this Act the following: (1) The degree of progress made toward meeting the requirements of section 619a of title 10, United States Code. (2) The compliance achieved with each of the plans developed pursuant to subsection (d). (f) Extension of Transition Plan for Nuclear Propulsion Officers.—(1) Section 1305(b) of Public Law 101–180 (10 U.S.C. 619a note) is amended by striking out “January 1, 1994” each place it appears and inserting in lieu thereof “January 1, 1997”. (2) The Secretary of Defense, after consultation with the Chairman of the Joint Chiefs of Staff, shall revise the transition plan developed pursuant to section 1305(b) of Public Law 101–180 to take account of the amendments made by subsection (a) and by paragraph (1) of this subsection. The Secretary shall include with the next report of the Secretary after the date of the enactment of this Act under section 619a(h)(2) of title 10, United States Code, as added by subsection (a), a report on the actions of the Secretary in revising such transition plan. (3) Such section is further amended by striking out “nuclear populsion” in paragraph (1)(B) and inserting in lieu thereof “nuclear propulsion”. 107 STAT. 1735