§ 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 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.

(b)Annual Report.— Not later than January 1 of each year, the Secretary of Defense shall submit to Congress a report on the promotion rates during the preceding fiscal year of officers who are serving in, or have served in, joint duty assignments or on the Joint Staff, and officers who have been designated as a joint qualified officer in the grades of major (or in the case of the Navy, lieutenant commander) through colonel (or in the case of the Navy, captain), especially with respect to the record of officer selection boards in meeting the objectives of paragraphs (1) and (2) of subsection (a). If such promotion rates fail to meet such objectives for any fiscal year, the Secretary shall include in the report for that fiscal year information on such failure and on what action the Secretary has taken or plans to take to prevent further failures.

(Added Pub. L. 99–433, title IV, § 401(a), Oct. 1, 1986, 100 Stat. 1026; amended Pub. L. 100–456, div. A, title V, § 513, Sept. 29, 1988, 102 Stat. 1969; Pub. L. 101–510, div. A, title XIII, § 1311(3), Nov. 5, 1990, 104 Stat. 1669; Pub. L. 104–201, div. A, title V, § 510, Sept. 23, 1996, 110 Stat. 2514; Pub. L. 107–107, div. A, title V, § 521(b), Dec. 28, 2001, 115 Stat. 1097; Pub. L. 107–314, div. A, title X, § 1062(a)(4), Dec. 2, 2002, 116 Stat. 2650; Pub. L. 108–375, div. A, title V, § 535, Oct. 28, 2004, 118 Stat. 1901; Pub. L. 109–364, div. A, title V, § 517, Oct. 17, 2006, 120 Stat. 2190; Pub. L. 110–181, div. A, title X, § 1063(a)(3), Jan. 28, 2008, 122 Stat. 321; Pub. L. 110–417, [div. A], title V, § 523, Oct. 14, 2008, 122 Stat. 4446; Pub. L. 111–84, div. A, title X, § 1073(c)(2), Oct. 28, 2009, 123 Stat. 2474.)

Amendments

Amendments

2009—Subsec. (a)(2). Pub. L. 111–84 made technical amendment to directory language of Pub. L. 110–417, § 523(1). See 2008 Amendment note below.

2008—Subsec. (a)(2). Pub. L. 110–417, § 523(1), as amended by Pub. L. 111–84, substituted “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” for “officers who are serving in or have served in joint duty assignments”.

Subsec. (b). Pub. L. 110–417, § 523(2), inserted “or on the Joint Staff, and officers who have been designated as a joint qualified officer in the grades of major (or in the case of the Navy, lieutenant commander) through colonel (or in the case of the Navy, captain)” after “joint duty assignments”.

Pub. L. 110–181 substituted “paragraphs (1) and (2) of subsection (a)” for “paragraphs (1), (2), and (3) of subsection (a)”.

2006—Subsec. (a). Pub. L. 109–364 inserted “and” at end of par. (1), added par. (2), and struck out former pars. (2) and (3) which read as follows:

“(2) officers who have the joint specialty are expected, as a group, to be promoted—

“(A) during the period beginning on December 28, 2001, and ending on December 27, 2006, at a rate not less than the rate for officers of the same armed force in the same grade and competitive category; and

“(B) after December 27, 2006, 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

“(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 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.”

2004—Subsec. (a)(2). Pub. L. 108–375 substituted “December 27, 2006” for “December 27, 2004” in two places.

2002—Subsec. (a)(2)(A). Pub. L. 107–314, § 1062(a)(4)(A), substituted “during the period beginning on December 28, 2001, and ending on December 27, 2004,” for “during the three-year period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2002,”.

Subsec. (a)(2)(B). Pub. L. 107–314, § 1062(a)(4)(B), substituted “after December 27, 2004” for “after the end of the period specified in subparagraph (A)”.

2001—Subsec. (a)(2). Pub. L. 107–107 substituted “promoted—” for “promoted at a rate”, added subpar. (A), designated “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” as subpar. (B), and inserted “after the end of the period specified in subparagraph (A), at a rate” after subpar. (B) designation.

1996—Subsec. (b). Pub. L. 104–201, § 510(b), in first sentence, substituted “paragraphs” for “clauses” and, in second sentence, inserted “for any fiscal year” after “such objectives” and substituted “report for that fiscal year” for “periodic report required by this subsection”.

Pub. L. 104–201, § 510(a), substituted “Annual Report” for “Report” in heading and “Not later than January 1 of each year, the Secretary of Defense shall submit to Congress a report on the promotion rates during the preceding fiscal year” for “The Secretary of Defense shall periodically (and not less often than every six months) report to Congress on the promotion rates” in text.

1990—Subsec. (b). Pub. L. 101–510 substituted “the Secretary shall include in the periodic report required by this subsection information on such failure and on” for “the Secretary shall immediately notify Congress of such failure and of”.

1988—Subsec. (a)(1), (3). Pub. L. 100–456 inserted “to the next higher grade” after “promoted”.

Effective Date Of Amendment

Effective Date of 2009 Amendment

Pub. L. 111–84, div. A, title X, § 1073(c), Oct. 28, 2009, 123 Stat. 2474, provided that the amendment made by section 1073(c)(2) is effective as of Oct. 14, 2008, and as if included in Pub. L. 110–417 as enacted.