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10 U.S.C. § 2153 — Capstone course: newly selected general and flag officers
Federal law — U.S. Code and appendices · legal_authorities
**(a) Requirement.—** Each officer selected for promotion to the grade of brigadier general or, in the case of the Navy or the commissioned officer corps of the National Oceanic and Atmospheric Administration, rear admiral (lower half) shall be required, after such selection, to attend a military education course designed specifically to prepare new general and flag officers to work with the other uniformed services.
**(b) Waiver Authority.—**
(1) Subject to paragraph (2), the Secretary of Defense or the Secretary of Commerce, as applicable, may waive subsection (a)—
(A) in the case of an officer whose immediately previous assignment was in a joint duty assignment and who is thoroughly familiar with joint matters;
(B) when necessary for the good of the service;
(C) in the case of an officer whose proposed selection for promotion is based primarily upon scientific and technical qualifications for which joint requirements do not exist (as determined under regulations prescribed under section 619(e)(4) 11 See References in Text note below. of this title); and
(D) in the case of a medical officer, dental officer, veterinary officer, medical service officer, nurse, biomedical science officer, or chaplain.
(2) The authority of the Secretary of Defense to grant a waiver under paragraph (1) may only be delegated to the Deputy Secretary of Defense, an Under Secretary of Defense, or an Assistant Secretary of Defense. Such a waiver may be granted only on a case-by-case basis in the case of an individual officer.
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Source file: Laws/federal/codes/united-states-code/title-10/section-2153-capstone-course-newly-selected-general-and-flag-officers--4eabdb6acf.md
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Source location: Title 10, Chapter 107, § 2153; chapter-107-professional-military-education.md
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**(a) Requirement.—** Each officer selected for promotion to the grade of brigadier general or, in the case of the Navy or the commissioned officer corps of the National Oceanic and Atmospheric Administration, rear admiral (lower half) shall be required, after such selection, to attend a military education course designed specifically to prepare new general and flag officers to work with the other uniformed services.
**(b) Waiver Authority.—**
(1) Subject to paragraph (2), the Secretary of Defense or the Secretary of Commerce, as applicable, may waive subsection (a)—
(A) in the case of an officer whose immediately previous assignment was in a joint duty assignment and who is thoroughly familiar with joint matters;
(B) when necessary for the good of the service;
(C) in the case of an officer whose proposed selection for promotion is based primarily upon scientific and technical qualifications for which joint requirements do not exist (as determined under regulations prescribed under section 619(e)(4) 11 See References in Text note below. of this title); and
(D) in the case of a medical officer, dental officer, veterinary officer, medical service officer, nurse, biomedical science officer, or chaplain.
(2) The authority of the Secretary of Defense to grant a waiver under paragraph (1) may only be delegated to the Deputy Secretary of Defense, an Under Secretary of Defense, or an Assistant Secretary of Defense. Such a waiver may be granted only on a case-by-case basis in the case of an individual officer.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Three-Phase Approach.—** The Secretary of Defense shall implement a three-phase approach to joint professional military education, as follows:
(1) There shall be a course of instruction, designated and certified by the Secretary of Defense with the advice and assistance of the Chairman of the Joint Chiefs of Staff as Phase I instruction, consisting of all the elements of a joint professional military education (as specified in [section 2151(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2151/a&num=0&edition=prelim)), in addition to the principal curriculum taught to all officers at an intermediate level service school or at a joint intermediate level school.
(2) There shall be a course of instruction, designated and certified by the Secretary of Defense with the advice and assistance of the Chairman of the Joint Chiefs of Staff as Phase II instruction, consisting of—
(A) a joint professional military education curriculum taught in residence at, or offered through, the Joint Forces Staff College or a senior level service school that has been designated and certified by the Secretary of Defense as a joint professional military education institution; or
(B) a senior level service course of at least ten months that has been designated and certified by the Secretary of Defense as a joint professional military education course.
(3) There shall be a course of instruction, designated and certified by the Secretary of Defense with the advice and assistance of the Chairman of the Joint Chiefs of Staff as the Capstone course, for officers selected for promotion to the grade of brigadier general or, in the case of the Navy, rear admiral (lower half) and offered in accordance with [section 2153 of this title](https://usco
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Joint Qualified Officers.—** The Secretary of Defense shall ensure that each officer designated as a joint qualified officer who graduates from a school within the National Defense University specified in subsection (c) shall be assigned to a joint duty assignment for that officer’s next duty assignment after such graduation (unless the officer receives a waiver of that requirement by the Secretary in an individual case).
**(b) Other Officers.—**
(1) The Secretary of Defense shall ensure that a high proportion (which shall be greater than 50 percent) of the officers graduating from a school within the National Defense University specified in subsection (c) who are not designated as a joint qualified officer shall receive assignments to a joint duty assignment (or, as authorized by the Secretary in an individual case, to a joint assignment other than a joint duty assignment) as their next duty assignment after such graduation or, to the extent authorized in paragraph (2), as their second duty assignment after such graduation.
(2) The Secretary may, if the Secretary determines that it is necessary to do so for the efficient management of officer personnel, establish procedures to allow up to one-half of the officers subject to the assignment requirement in paragraph (1) to be assigned to such an assignment as their second (rather than first) assignment after such graduation from a school referred to in paragraph (1).
**(c) Covered Schools Within the National Defense University.—** For purposes of this section, a school within the National Defense University specified in this subsection is one of the following:
(1) The National War College.
(2) The Dwight D. Eisenhower School for National Security and Resource Strategy.
(3) The Joint Forces Staff College.
**(
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Federal law — U.S. Code and appendices · legal_authorities
Page 1702
TITLE 10—ARMED FORCES
§ 2153
1 See References in Text note below.
§ 2153. Capstone course: newly selected general
and flag officers
(a) REQUIREMENT.—Each officer selected for
promotion to the grade of brigadier general or,
in the case of the Navy or the commissioned of-
ficer corps of the National Oceanic and Atmos-
pheric Administration, rear admiral (lower half)
shall be required, after such selection, to attend
a military education course designed specifi-
cally to prepare new general and flag officers to
work with the other uniformed services.
(b) WAIVER AUTHORITY.—(1) Subject to para-
graph (2), the Secretary of Defense or the Sec-
retary of Commerce, as applicable, may waive
subsection (a)—
(A) in the case of an officer whose imme-
diately previous assignment was in a joint
duty assignment and who is thoroughly famil-
iar with joint matters;
(B) when necessary for the good of the serv-
ice;
(C) in the case of an officer whose proposed
selection for promotion is based primarily
upon scientific and technical qualifications for
which joint requirements do not exist (as de-
termined under regulations prescribed under
section 619(e)(4) 1 of this title); and
(D) in the case of a medical officer, dental
officer, veterinary officer, medical service offi-
cer, nurse, biomedical science officer, or chap-
lain.
(2) The authority of the Secretary of Defense
to grant a waiver under paragraph (1) may only
be delegated to the Deputy Secretary of Defense,
an Under Secretary of Defense, or an Assistant
Secretary of Defense. Such a waiver may be
granted only on a case-by-case basis in the case
of an individual officer.
(Added Pub. L. 108–375, div. A, title V, § 532(a)(2),
Oct. 28, 2004, 118 Stat. 1897; amended Pub. L.
116–259, title II, § 205(b
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 2153
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