Page:United States Statutes at Large Volume 101 Part 2.djvu/183

This page needs to be proofread.
PUBLIC LAW 100-000—MMMM. DD, 1987

PUBLIC LAW 100-180—DEC. 4, 1987

101 STAT. 1169

determines that the waiver is necessary in the interests of sound personnel management. "(B) In the case of an officer who has completed two full tours of duty in a joint duty assignment (as described in section 664(f) of this title) and is subsequently nominated for the joint specialty, the Secretary may waive the requirement that the officer have successfully completed a program of education referred to in paragraph (I)(A) if the Secretary determines that— "(i) it would be impractical to require the officer to complete such a program at the current stage of the officer's career; and "(ii) the t3T)es of joint duty assignments completed by the officer have been of sufficient breadth to prepare the officer adequately for the joint specialty. "(C) A waiver under subparagraph (A) or (B) may be made only under unusual circumstances justifying deviation from the conditions established in paragraph (1) for selection of an officer for the joint specialty. "(D) The authority of the Secretary of Defense to grant a waiver under this paragraph may be delegated only to the Deputy Secretary of Defense. Such a waiver may be granted only on a case-bycase basis in the case of an individual officer and in the case of a general or flag officer only under exceptional 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. The total number of waivers granted under this paragraph during any fiscal year may not exceed 5 percent of the total number of officers selected for the joint specialty during that fiscal year.". SEC. 1302. JOINT DUTY ASSIGNMENT POSITIONS

(a) MINIMUM ASSIGNMENT REQUIREMENTS.—Paragraph (1) of section 661(d) of title 10, United States Code, is amended— (1) by striking out "by officers who have" and all that follows and inserting in lieu thereof "by officers who— "(A) have the joint specialty; or "(B) have been nominated for the joint specialty and— "(i) have successfully completed a program of education referred to in subsection (c)(l)(A); or "(ii) have a military occupational specialty that is designated under subsection (c)(2)(A) as a critical occupational specialty involving combat operations.". (b)



TIONS.—Section 661(d) of such title is further amended by striking out paragraph (2) and inserting in lieu thereof the following: "(2) The Secretary shall designate not fewer than 1,000 joint duty assignment positions as critical joint duty assignment positions. Such designation shall be made by examining each joint duty assignment position and designating under the preceding sentence those positions for which, considering the duties and responsibilities of the position, it is highly important that the occupant be particularly trained in, and oriented toward, joint matters. Each position so designated may be held only by an officer who has the joint specialty. "(3)(A) The Secretary 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.