§667. Annual report to Congress

The Secretary of Defense shall include in the annual report of the Secretary to Congress under section 113(c) of this title, for the period covered by the report, the following information (which shall be shown for the Department of Defense as a whole and separately for the Army, Navy, Air Force, and Marine Corps):

(1)(A) The number of officers selected for the joint specialty and their education and experience.

(B) The number of officers who meet the criteria for selection for the joint specialty but were not selected, together with the reasons why.

(2) The number of officers with the joint specialty, shown by grade and branch or specialty and by education.

(3) The number of officers on the active-duty list with a military occupational specialty designated under section 668(d) of this title as a critical occupational specialty who-

(A) have been selected for the joint specialty;

(B) have been selected for the joint specialty and are serving in a joint duty assignment;

(C) have completed a joint duty assignment and are attending an appropriate program at a joint professional military education school;

(D) have completed an appropriate program at a joint professional military education school; and

(E) have served, or are serving in, a second joint duty assignment after being selected for the joint specialty, with the number of such officers who have served, or are serving, in a critical joint duty assignment shown separately for general and flag officers, and for all other officers.

(4) For each fiscal year-

(A) the number of officers selected for the joint specialty and, of those, the number who have a military occupational specialty designated as a critical occupational specialty; and

(B) a comparison of the number of officers who have the joint specialty who qualified for the joint specialty under section 661(c)(1) of this title with the number of officers who have the joint specialty who were selected for the joint specialty under section 661(c)(2) of this title.

(5) The promotion rate for officers considered for promotion from within the promotion zone who are serving on the Joint Staff compared with the promotion rate for other officers considered for promotion from within the promotion zone in the same pay grade and the same competitive category, shown for all officers of the armed force and for officers serving on the headquarters staff of the armed force concerned.

(6) The promotion rate for officers with the joint specialty, compared in the same manner as specified in paragraph (5).

(7) The promotion rate for other officers who are serving in joint duty assignments, compared in the same manner as specified in paragraph (5).

(8) The promotion rate for officers considered for promotion from below the promotion zone, shown for officers serving on the Joint Staff, officers with the joint specialty, and other officers serving in joint duty assignments, compared in the same manner as specified in paragraph (5).

(9) The promotion rate for officers considered for promotion from above the promotion zone, shown for officers serving on the Joint Staff, officers with the joint specialty, and other officers serving in joint duty assignments, compared in the same manner as specified in paragraph (5).

(10) An analysis of assignments of officers after selection for the joint specialty.

(11) The average length of tours of duty in joint duty assignments-

(A) for general and flag officers, shown separately for assignments to the Joint Staff and other joint duty assignments; and

(B) for other officers, shown separately for assignments to the Joint Staff and other joint duty assignments.

(12) The number of times, in the case of each category of exclusion, that service in a joint duty assignment was excluded in computing the average length of joint duty assignments.

(13) In any case in which the information under paragraphs (5) through (9) shows a significant imbalance between officers serving in joint duty assignments or having the joint specialty and other officers, a description of what action has been taken (or is planned to be taken) by the Secretary to correct the imbalance.

(14)(A) An analysis of the extent to which the Secretary of each military department is providing officers to fill that department's share (as determined by law or by the Secretary of Defense) of Joint Staff and other joint duty assignments, including the reason for any significant failure by a military department to fill its share of such positions and a discussion of the actions being taken to correct the shortfall.

(B) An assessment of the extent to which the Secretary of each military department is assigning personnel to joint duty assignments in accordance with this chapter and the policies, procedures, and practices established by the Secretary of Defense under section 661(a) of this title.

(15) The number of times a waiver authority was exercised under this chapter (or under any other provision of law which permits the waiver of any requirement relating to joint duty assignments) and in the case of each such authority-

(A) whether the authority was exercised for a general or flag officer;

(B) an analysis of the reasons for exercising the authority; and

(C) the number of times in which action was taken without exercise of the waiver authority compared with the number of times waiver authority was exercised (in the case of each waiver authority under this chapter or under any other provision of law which permits the waiver of any requirement relating to joint duty assignments).

(16) The number of officers granted credit for service in joint duty assignments under subparagraphs (E) and (F) of section 664(i)(4) 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 subparagraphs (E) and (F) of section 664(i)(4) of this title and a brief description of the mission of the operation.

(17) With regard to each time the principal course of instruction at the Joint Forces Staff College is offered-

(A) the number of officers selected to attend that course who did not first complete while in residence at a professional military education school operated by a military department the principal course of instruction offered at that school;

(B) the number of those officers as a percentage of all officers who attended that course of instruction at the Joint Forces Staff College;

(C) a description of the different reasons why officers were selected to attend that course without first attending the principal course of instruction offered at a professional military education school operated by a military department; and

(D) the number of officers so selected for each such reason.

(18) Such other information and comparative data as the Secretary of Defense considers appropriate to demonstrate the performance of the Department of Defense and the performance of each military department in carrying out this chapter.

(Added Pub. L. 99–433, title IV, §401(a), Oct. 1, 1986, 100 Stat. 1029 ; amended Pub. L. 100–180, div. A, title XIII, §1304(a), Dec. 4, 1987, 101 Stat. 1172 ; Pub. L. 100–456, div. A, title V, §512(b), Sept. 29, 1988, 102 Stat. 1968 ; Pub. L. 101–189, div. A, title XI, §1123(d), Nov. 29, 1989, 103 Stat. 1557 ; Pub. L. 104–106, div. A, title V, §501(c), Feb. 10, 1996, 110 Stat. 292 ; Pub. L. 107–107, div. A, title V, §524, title X, §1048(a)(7), Dec. 28, 2001, 115 Stat. 1098 , 1223; Pub. L. 109–364, div. A, title V, §519(d)(2), Oct. 17, 2006, 120 Stat. 2191 .)

Amendments

2006-Par. (3). Pub. L. 109–364 substituted "668(d)" for "661(c)(2)" in introductory provisions.

2001-Par. (1). Pub. L. 107–107, §524(1), designated existing provisions as subpar. (A) and added subpar. (B).

Par. (2). Pub. L. 107–107, §524(2), amended par. (2) generally. Prior to amendment, par. (2) read as follows: "The military occupational specialties within each of the armed forces that have been designated as critical occupational specialties under section 661(c)(2) of this title, separately identifying those specialties for which there is a severe shortage of trained officers, together with an explanation of how those specialties meet the criteria for that designation in section 661(c)(2)(B) of this title."

Par. (3)(A), (B). Pub. L. 107–107, §524(3)(A), substituted "selected" for "nominated".

Par. (3)(D). Pub. L. 107–107, §524(3)(B), inserted "and" after semicolon at end.

Par. (3)(E), (F). Pub. L. 107–107, §524(3)(C), (D), redesignated subpar. (F) as (E) and struck out former subpar. (E) which read as follows: "have been selected for the joint specialty; and".

Par. (4)(A). Pub. L. 107–107, §524(4), substituted "selected" for "nominated".

Par. (14). Pub. L. 107–107, §524(5), designated existing provisions as subpar. (A) and added subpar. (B).

Par. (16). Pub. L. 107–107, §524(6), substituted "subparagraphs (E) and (F) of section 664(i)(4)" for "section 664(i)" in introductory provisions and in subpar. (B).

Par. (17). Pub. L. 107–107, §1048(a)(7), substituted "Joint Forces Staff College" for "Armed Forces Staff College" in introductory provisions and in subpar. (B).

1996-Par. (16). Pub. L. 104–106 added par. (16) and struck out former par. (16) which read as follows: "During the period of the applicability of the first sentence of subparagraph (B) of section 661(d)(2) of this title, information on critical positions not filled by officers with the joint specialty, including-

"(A) a listing by organization of the joint duty assignment positions which were not filled by officers with the joint specialty;

"(B) an explanation of the reasons such positions were not filled by officers with the joint specialty, described by the categories of such reasons; and

"(C) the percentage of critical joint duty assignment positions held by officers who have the joint specialty."

1989-Pars. (17), (18). Pub. L. 101–189 added par. (17) and redesignated former par. (17) as (18).

1988-Pars. (16), (17). Pub. L. 100–456 added par. (16) and redesignated former par. (16) as (17).

1987-Par. (2). Pub. L. 100–180, §1304(a)(1), (2), added par. (2) and redesignated former par. (2) as (5).

Par. (3). Pub. L. 100–180, §1304(a)(1), (2), added par. (3) and redesignated former par. (3) as (6).

Par. (4). Pub. L. 100–180, §1304(a)(1), (2), added par. (4) and redesignated former par. (4) as (7).

Par. (5). Pub. L. 100–180, §1304(a)(1), redesignated former par. (2) as (5) and former par. (5) as (8).

Par. (6). Pub. L. 100–180, §1304(a)(1), (3), redesignated former par. (3) as (6) and substituted "paragraph (5)" for "paragraph (2)". Former par. (6) redesignated (10).

Par. (7). Pub. L. 100–180, §1304(a)(1), (3), redesignated former par. (4) as (7) and substituted "paragraph (5)" for "paragraph (2)". Former par. (7) redesignated (11).

Par. (8). Pub. L. 100–180, §1304(a)(1), (3), redesignated former par. (5) as (8) and substituted "paragraph (5)" for "paragraph (2)". Former par. (8) redesignated (13).

Par. (9). Pub. L. 100–180, §1304(a)(1), (4), added par. (9) and redesignated former par. (9) as (14).

Par. (10). Pub. L. 100–180, §1304(a)(1), redesignated former par. (6) as (10). Former par. (10) redesignated (16).

Par. (11). Pub. L. 100–180, §1304(a)(1), redesignated former par. (7) as (11).

Par. (12). Pub. L. 100–180, §1304(a)(5), added par. (12).

Par. (13). Pub. L. 100–180, §1304(a)(1), (6), redesignated former par. (8) as (13) and substituted "paragraphs (5) through (9)" for "paragraphs (2) through (5)".

Par. (14). Pub. L. 100–180, §1304(a)(1), redesignated former par. (9) as (14).

Par. (15). Pub. L. 100–180, §1304(a)(7), added par. (15).

Par. (16). Pub. L. 100–180, §1304(a)(1), redesignated former par. (10) as (16).

Effective Date of 2006 Amendment

Amendment by Pub. L. 109–364 effective Oct. 1, 2007, see section 519(e) of Pub. L. 109–364, set out as a note under section 664 of this title.

Effective Date of 1987 Amendment

Section 1304(b) of Pub. L. 100–180 provided that: "Paragraphs (3) and (4) of section 667 of title 10, United States Code, as added by subsection (a), shall apply with respect to fiscal years after fiscal year 1987."

Additional Information To Be Included in Five Annual Joint Officer Policy Reports After November 30, 1993

Pub. L. 103–160, div. A, title IX, §931(e), Nov. 30, 1993, 107 Stat. 1734 , directed the Secretary of Defense to include as part of the information submitted to Congress pursuant to this section for each of the next five years after Nov. 30, 1993, the degree of progress made toward meeting the requirements of section 619a of this title and the compliance achieved with each of the plans developed pursuant to Pub. L. 103–160, §931(d), formerly set out as a note under section 619a of this title.