Pub. L. 104-106, div. A, tit. V, subtit. A, sec. 501
JOINT OFFICER MANAGEMENT.
SEC. 501. JOINT OFFICER MANAGEMENT. (a) Critical Joint Duty Assignment Positions.— Section 661(d)(2)(A) of title 10, United States Code, is amended by striking out “1,000” and inserting in lieu thereof “800”. (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— 110 STAT. 291 “(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 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.”. 110 STAT. 292 (c) Information in Annual Report.— Section 667 of such title is amended by striking out paragraph (16) and inserting after paragraph (15) the following new paragraph (16): “(16) The number of officers granted credit for service in joint duty assignments under section 664(i) of this title and— “(A) of those officers— “(i) the number of officers credited with having completed a tour of duty in a joint duty assignment; and “(ii) the number of officers granted credit for purposes of determining cumulative service in joint duty assignments; and “(B) the identity of each operation for which an officer has been granted credit pursuant to section 664(i) of this title and a brief description of the mission of the operation.”. (d) Applicability of Limitation on Waiver Authority.— Section 661(c)(3) of such title is amended— (1) in the third sentence of subparagraph (D), by striking out “The total number” and inserting in lieu thereof “In the case of officers in grades below brigadier general and rear admiral (lower half), the total number”; and (2) by adding at the end the following new subparagraph: “(E) There may not be more than 32 general and flag officers on active duty at the same time who were selected for the joint specialty while holding a general or flag officer grade and for whom a waiver was granted under this subparagraph. (e) Length of Second Joint Tour.— Section 664 of such title is amended— (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.”; and (2) in subsection (f)— (A) in the matter preceding paragraph (1), by striking out “completion of—” and inserting in lieu thereof “completion of any of the following:”; (B) by striking out “a” at the beginning of paragraphs (1), (2), (4), and (5) and inserting in lieu thereof “A”; (C) by striking out “cumulative” in paragraph (3) and inserting in lieu thereof “Cumulative”; (D) by striking out the semicolon at the end of paragraphs (1), (2), and (3) and “; or” at the end of paragraph (4) and inserting in lieu thereof a period; and (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).”. (f) Technical Amendment.— Section 664(e)(1) of such title is amended by striking out “(after fiscal year 1990)”.