10 U.S. Code § 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.

Source

(Added Pub. L. 99–433, title IV, § 401(a),Oct. 1, 1986, 100 Stat. 1027; amended Pub. L. 101–189, div. A, title XI, § 1123(c)(1),Nov. 29, 1989, 103 Stat. 1557; Pub. L. 102–190, div. A, title IX, § 912(a),Dec. 5, 1991, 105 Stat. 1452; Pub. L. 103–160, div. A, title IX, § 933(a),Nov. 30, 1993, 107 Stat. 1735; Pub. L. 107–107, div. A, title X, § 1048(a)(6),Dec. 28, 2001, 115 Stat. 1223; Pub. L. 107–314, div. A, title X, § 1062(a)(5),Dec. 2, 2002, 116 Stat. 2650; Pub. L. 108–375, div. A, title V, § 532(b)–(c)(2)(A), Oct. 28, 2004, 118 Stat. 1900; Pub. L. 109–364, div. A, title V, § 518,Oct. 17, 2006, 120 Stat. 2190; Pub. L. 110–417, [div. A], title V, § 522(b),Oct. 14, 2008, 122 Stat. 4445; Pub. L. 112–81, div. A, title V, § 503, div. B, title XXVIII, § 2861(c),Dec. 31, 2011, 125 Stat. 1388, 1701.)
Amendments

2011—Subsec. (b)(1). Pub. L. 112–81, § 503(a)(1), inserted “(or, as authorized by the Secretary in an individual case, to a joint assignment other than a joint duty assignment)” after “to a joint duty assignment”.
Subsec. (b)(2). Pub. L. 112–81, § 503(a)(2), substituted “the assignment” for “the joint duty assignment” and “such an assignment” for “a joint duty assignment”.
Subsec. (c)(2). Pub. L. 112–81, § 2861(c), substituted “Dwight D. Eisenhower School for National Security and Resource Strategy” for “Industrial College of the Armed Forces”.
Subsec. (d). Pub. L. 112–81, § 503(b), added subsec. (d).
2008—Subsecs. (a), (b)(1). Pub. L. 110–417, in subsec. (a), substituted “Qualified” for “Specialty” in heading and “designated as a joint qualified officer” for “with the joint specialty” in text, and, in subsec. (b)(1), substituted “are not designated as a joint qualified officer” for “do not have the joint specialty”.
2006—Subsecs. (a), (b)(1). Pub. L. 109–364, § 518(a)(1), (2)(A), substituted “a school within the National Defense University specified in subsection (c)” for “a joint professional military education school”.
Subsec. (b)(2). Pub. L. 109–364, § 518(a)(2)(B), substituted “a school referred to in paragraph (1)” for “a joint professional military education school”.
Subsec. (c). Pub. L. 109–364, § 518(b), added subsec. (c).
2004—Pub. L. 108–375, § 532(c)(2)(A), substituted “Joint duty assignments after completion of joint professional military education” for “Education” in section catchline.
Subsec. (a). Pub. L. 108–375, § 532(c)(1)(A), (B), redesignatedsubsec. (d)(1) as (a), inserted heading, and struck out heading and text of former subsec. (a) which related to capstone course for new general and flag officers. See section 2153 of this title.
Subsec. (b). Pub. L. 108–375, § 532(c)(1)(C)–(F), redesignated subsec. (d)(2)(A) as (b)(1) and substituted “in paragraph (2)” for “in subparagraph (B)”, redesignated subsec. (d)(2)(B) as (b)(2) and substituted “in paragraph (1)” for “in subparagraph (A)”, and inserted subsec. heading.
Pub. L. 108–375, § 532(b), transferred subsec. (b), relating to joint military education schools, to section 2152 (b) of this title.
Subsec. (c). Pub. L. 108–375, § 532(b), transferred subsec. (c), relating to other professional military education schools, to section 2152 (c) of this title.
Subsec. (d). Pub. L. 108–375, § 532(c)(1)(B), (C), (E), redesignated par. (1) as subsec. (a), redesignated subpars. (A) and (B) of par. (2) as pars. (1) and (2), respectively, of subsec. (b), and struck out heading “Post-Education Joint Duty Assignments”.
Subsec. (e). Pub. L. 108–375, § 532(c)(1)(A), struck out heading and text of subsec. (e) which related to the duration of the principal course of instruction offered at the Joint Forces Staff College. See section 2156 of this title.
2002—Subsec. (e)(2). Pub. L. 107–314substituted “Joint Forces Staff College” for “Armed Forces Staff College”.
2001—Subsec. (e). Pub. L. 107–107substituted “Joint Forces Staff College” for “Armed Forces Staff College” in subsec. heading and in text of par. (1).
1993—Subsec. (d). Pub. L. 103–160amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “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 next duty assignment.”
1991—Subsec. (e). Pub. L. 102–190designated existing provisions as par. (1) and added par. (2).
1989—Subsec. (e). Pub. L. 101–189added subsec. (e).
Effective Date of 1993 Amendment

Pub. L. 103–160, div. A, title IX, § 933(b),Nov. 30, 1993, 107 Stat. 1736, provided that: “The amendments made by subsection (a) [amending this section] shall apply with respect to officers graduating from joint professional military education schools after the date of the enactment of this Act [Nov. 30, 1993].”
Effective Date of 1991 Amendment

Pub. L. 102–190, div. A, title IX, § 912(b),Dec. 5, 1991, 105 Stat. 1452, as amended by Pub. L. 102–484, div. A, title IX, § 921,Oct. 23, 1992, 106 Stat. 2473, provided that the amendment made by section 912(a)(2) ofPub. L. 102–190to this section was not to apply with respect to the Armed Forces Staff College until Jan. 1, 1994.
Implementation of Subsection (e)

Pub. L. 101–189, div. A, title XI, § 1123(c)(2),Nov. 29, 1989, 103 Stat. 1557, provided that: “Subsection (e) of such section, as added by paragraph (1), shall be implemented by the Secretary of Defense not later than two years after the date of the enactment of this Act [Nov. 29, 1989].”
Education Requirements; Joint Officer Management Program

Pub. L. 99–433, title IV, § 406(d),Oct. 1, 1986, 100 Stat. 1033, provided that:
“(1) Capstone course.—Subsection (a) ofsection 663 of such title [10 U.S.C. 663 (a)] (as added by section 401) shall apply with respect to officers selected in reports of officer selection boards submitted to the Secretary concerned after the end of the 120-day period beginning on the date of the enactment of this Act [Oct. 1, 1986].
“(2) Review of military education schools.—(A) The first review under subsections (b) and (c) of such section shall be completed not later than 120 days after the date of the enactment of this Act. The Secretary of Defense shall submit to Congress a report on the results of the review at each Department of Defense school not later than 60 days thereafter.
“(B) Such subsections shall be implemented so that the revised curricula take effect with respect to courses beginning after July 1987.
“(3) Post-education duty assignments.—Subsection (d) of such section shall take effect with respect to classes graduating from joint professional military education schools after January 1987.”

 

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