Page:United States Statutes at Large Volume 102 Part 2.djvu/964

 102 STAT. 1968

PUBLIC LAW 100-456—SEPT. 29, 1988 PART B — JOINT OFFICER PERSONNEL POLICY

SEC. 511. WAIVER AUTHORITY WITH RESPECT TO SELECTION OF OFFICERS FOR THE JOINT SPECIALTY

The last sentence of section 661(c)(3)(D) of title 10, United States Code, is amended— (1) by inserting "for officers in the same pay grade" after "under this paragraph"; (2) by striking out "5 percent" and inserting in lieu thereof "10 percent"; and (3) by inserting "in that pay grade" after "number of officers'. SEC. 512. JOINT SPECIALTY OFFICERS IN CRITICAL JOINT DUTY ASSIGNMENTS (a) FLEXIBILITY FOR CRITICAL JOINT DUTY ASSIGNMENT POSITIONS.—

Reports.

Section 661(d)(2) of title 10, United States Code, is amended— (1) by inserting "(A)" after "(2)"; (2) by striking out the last sentence; and (3) by adding at the end the following: "(B) Until January 1, 1994, at least 80 percent of the positions designated by the Secretary under subparagraph (A) shall be held at all times by officers who have the joint specialty. On and after January 1, 1994, each position so designated may (subject to subparagraph (C)) be held only by an officer who has the joint specialty. "(C) The Secretary of Defense may, on a case-by-case basis, waive the requirement in the second sentence of subparagraph (B) with respect to a particular assignment of an officer to a position designated as a critical joint duty assignment position. The authority of the Secretary to make such a waiver may be delegated only to the Chairman of the Joint Chiefs of Staff. "(D) During the period beginning on October 1, 1992, and ending on January 1, 1993, the Secretary of Defense shall submit to Congress a report on the operation, to the date of the report, of the first sentence of subparagraph (B) and on the Secretary's projection for the use of the waiver authority provided under subparagraph (C), including the Secretary's estimate of the average annual number of waivers to be provided under subparagraph (C).". (b) REVISION OF ANNUAL REPORT.—Section 667 of such title is amended— (1) by redesignating paragraph (16) as paragraph (17); and (2) inserting after paragraph (15) the following new paragraph: "(16) 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 sissignment 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 gissignment positions held by officers who have the joint specialty.".

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