Page:United States Statutes at Large Volume 101 Part 2.djvu/184

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PUBLIC LAW 100-000—MMMM. DD, 1987

101 STAT. 1170

PUBLIC LAW 100-180—DEC. 4, 1987

"(B) The Secretary shall ensure that, of those positions designated under paragraph (2) as critical joint duty assignment positions, an appropriate portion are filled by officers with the joint specialty who were selected for the joint specialty under subsection (c)(2). "(4) Of the officers serving in joint duty assignment positions covered by paragraph (1) who are described in subparagraph (A) or (B) of that paragraph, not more than one-third at any time may be officers described in subparagraph (B)(ii) of that paragraph.". (c) REVISION OF J D A LIST.—(1) Section 668(b)(2) of such title is amended by inserting "and, of those positions, those that are positions held by general or flag officers and the number of such positions" immediately before the semicolon in subparagraph (A) and immediately before the period in subparagraph (B). 10 USC 668 note. (2) The Secretary of Defense shall publish a revised list under section 668(b)(2) of title 10, United States Code, taking into account the amendments made by this section, not later than six months after the date of the enactment of this Act. SEC. 1303. LENGTH OF JOINT DUTY ASSIGNMENTS

(a) REVISION AND CLARIFICATION.—Section 664 of title 10, United States Code, is amended by striking out subsections (b), (c), and (d) and inserting in lieu thereof the following: "(b) WAIVER AUTHORITY.—The Secretary of Defense may waive subsection (a) in the case of any officer. "(c) INITIAL ASSIGNMENT OF OFFICERS WITH CRITICAL OCCUPATIONAL SPECIALTIES.—The Secretary may for purposes of section

661(c)(2) of this title authorize a joint duty assignment of less than the period prescribed by subsection (a), but not less than two years, without the requirement for a waiver under subsection (b) in the case of an officer— "(1) who has been nominated for the joint specialty before ' such assignment begins; "(2) who has a military occupational specialty designated under section 661(c)(2) of this title as a critical occupational specialty; and '• "(3) for whom such joint duty assignment is the initial joint duty assignment. "(d) EXCLUSIONS FROM TOUR LENGTH.—The Secretary of Defense

Alaska. Hawaii.

may exclude the following service from the standards prescribed in subsection (a): "(1) Service in a joint duty assignment in which the full tour of duty in the assignment is not completed by the officer because of^ "(A) retirement; "(B) release from active duty; "(C) suspension from duty under section 155(fK2) or 164(g) of this title; or "(D) a qualifying reassignment (as described in subsection (g)(4)). "(2) Service in a joint duty assignment outside the United States or in Alaska or Hawaii. "(3) Service in a joint duty assignment in a case in which— • "(A) the officer's tour of duty in that assignment brings the officer's cumulative service for purposes of subsection (fK3) to the applicable standard prescribed in subsection (a); and