10 U.S.C. § 2154 — Joint professional military education:

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)(3), Dec. 23, 2020, 134 Stat. 1167.) Editorial Notes REFERENCES IN TEXT Section 619(e)(4) of this title, referred to in subsec. (b)(1)(C), was repealed by Pub. L. 103–160, div. A, title IX, § 931(b), Nov. 30, 1993, 107 Stat. 1734. See section 619a(f) of this title. AMENDMENTS 2020—Subsec. (a). Pub. L. 116–259, § 205(b)(3)(A), in- serted ‘‘or the commissioned officer corps of the Na- tional Oceanic and Atmospheric Administration’’ after ‘‘in the case of the Navy’’ and substituted ‘‘other uni- formed services’’ for ‘‘other armed forces’’. Subsec. (b)(1). Pub. L. 116–259, § 205(b)(3)(B), inserted ‘‘or the Secretary of Commerce, as applicable,’’ after ‘‘the Secretary of Defense’’ in introductory provisions. § 2154. Joint professional military education: three-phase approach (a) THREE-PHASE APPROACH.—The Secretary of Defense shall implement a three-phase approach to joint professional military education, as fol- lows: (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), in ad- dition 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 des- ignated and certified by the Secretary of De- fense as a joint professional military edu- cation 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 pro- motion 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. (b) SEQUENCED APPROACH.—The Secretary shall require the sequencing of joint professional military education so that the standard se- quence of assignments for such education re- quires an officer to complete Phase I instruction before proceeding to Phase II instruction, as provided in section 2155(a) of this title. (c) DISTANCE EDUCATION.—(1) Any distance education program offered to satisfy Phase I or Phase II instruction under paragraph (1) or (2) of subsection (a) shall include a pathway for a stu- dent who is a member of a reserve component to fully complete the course of instruction while physically separated from the course instructors and without any in-person attendance required to graduate from such program. (2) In this subsection, the term ‘‘distance edu- cation’’ has the meaning given such term in sec- tion 103 of the Higher Education Act of 1965 (20 U.S.C. 1003). (Added Pub. L. 108–375, div. A, title V, § 532(a)(2), Oct. 28, 2004, 118 Stat. 1898; amended Pub. L. 112–81, div. A, title V, § 552(a)(1), Dec. 31, 2011, 125 Stat. 1412; Pub. L. 113–291, div. A, title V, § 506, Dec. 19, 2014, 128 Stat. 3356; Pub. L. 114–92, div. A, title V, § 554, Nov. 25, 2015, 129 Stat. 824; Pub. L. 118–159, div. A, title V, § 555, Dec. 23, 2024, 138 Stat. 1896.) Editorial Notes AMENDMENTS 2024—Subsec. (c). Pub. L. 118–159 added subsec. (c). 2015—Subsec. (a)(2)(A). Pub. L. 114–92 inserted ‘‘, or offered through,’’ after ‘‘taught in residence at’’. 2014—Subsec. (a)(2). Pub. L. 113–291 substituted ‘‘con- sisting of—’’ for ‘‘consisting of a joint professional Page 1703 TITLE 10—ARMED FORCES [§ 2157 military education curriculum taught in residence at— ’’ in introductory provisions, added subpars. (A) and (B), and struck out former subpars. (A) and (B) which read as follows: ‘‘(A) the Joint Forces Staff College; or ‘‘(B) a senior level service school that has been des- ignated and certified by the Secretary of Defense as a joint professional military education institution.’’ 2011—Subsec. (a)(1). Pub. L. 112–81 inserted ‘‘or at a joint intermediate level school’’ before period at end. § 2155. Joint professional military education Phase II program of instruction (a) PREREQUISITE OF COMPLETION OF JOINT PRO- FESSIONAL MILITARY EDUCATION PHASE I PRO- GRAM OF INSTRUCTION.—(1) After September 30, 2009, an officer of the armed forces may not be accepted for, or assigned to, a program of in- struction designated by the Secretary of Defense as joint professional military education Phase II unless the officer has successfully completed a program of instruction designated by the Sec- retary of Defense as joint professional military education Phase I. (2) The Chairman of the Joint Chiefs of Staff may grant exceptions to the requirement under paragraph (1). Such an exception may be granted only on a case-by-case basis under exceptional circumstances, as determined by the Chairman. An officer selected to receive such an exception shall have knowledge of joint matters and other aspects of the Phase I curriculum that, to the satisfaction of the Chairman, qualifies the offi- cer to meet the minimum requirements estab- lished for entry into Phase II instruction with- out first completing Phase I instruction. The number of officers selected to attend an offering of the principal course of instruction at the Joint Forces Staff College or a senior level serv- ice school designated by the Secretary of De- fense as a joint professional military education institution who have not completed Phase I in- struction should comprise no more than 10 per- cent of the total number of officers selected. (b) PHASE II REQUIREMENTS.—The Secretary shall require that the curriculum for Phase II joint professional military education at any school— (1) focus on developing joint operational ex- pertise and perspectives and honing joint warfighting skills; and (2) be structured— (A) so as to adequately prepare students to perform effectively in an assignment to a joint, multiservice organization; and (B) so that students progress from a basic knowledge of joint matters learned in Phase I instruction to the level of expertise nec- essary for successful performance in the joint arena. (c) CURRICULUM CONTENT.—In addition to the subjects specified in section 2151(a) of this title, the curriculum for Phase II joint professional military education shall include the following: (1) National security strategy. (2) Theater strategy and campaigning. (3) Joint planning processes and systems. (4) Joint, interagency, and multinational ca- pabilities and the integration of those capa- bilities. (d) STUDENT RATIO; FACULTY RATIO.—Not later than September 30, 2009, for courses of instruc- tion in a Phase II program of instruction that is offered at senior level service school that has been designated by the Secretary of Defense as a joint professional military education institu- tion— (1) the percentage of students enrolled in any such course who are officers of the armed force that administers the school may not ex- ceed 60 percent, with the remaining services proportionally represented; and (2) of the faculty at the school who are ac- tive-duty officers who provide instruction in such courses, the percentage who are officers of the armed force that administers the school may not exceed 60 percent, with the remaining services proportionally represented. (Added Pub. L. 108–375, div. A, title V, § 532(a)(2), Oct. 28, 2004, 118 Stat. 1898; amended Pub. L. 109–364, div. A, title X, § 1071(a)(13), (14), Oct. 17, 2006, 120 Stat. 2399.) Editorial Notes AMENDMENTS 2006—Pub. L. 109–364, § 1071(a)(13), substituted ‘‘Phase’’ for ‘‘phase’’ in section catchline. Subsec. (a). Pub. L. 109–364, § 1071(a)(14), inserted ‘‘Phase’’ after ‘‘Education’’ in heading. Statutory Notes and Related Subsidiaries PILOT PROGRAM ON JPME PHASE II ON OTHER THAN IN-RESIDENCE BASIS Pub. L. 112–81, div. A, title V, § 552(b), Dec. 31, 2011, 125 Stat. 1412, authorized the Secretary of Defense to carry out a pilot program to assess the feasibility and advis- ability of offering a program of instruction under this section on an other than in-residence basis and pro- vided that the authority for the program would expire five years after Dec. 31, 2011. § 2156. Joint Forces Staff College: duration of principal course of instruction (a) DURATION.—The duration of the principal course of instruction offered at the Joint Forces Staff College may not be less than 10 weeks of resident instruction. (b) DEFINITION.—In this section, the term ‘‘principal course of instruction’’ means any course of instruction offered at the Joint Forces Staff College as Phase II joint professional mili- tary education. (Added Pub. L. 108–375, div. A, title V, § 532(a)(2), Oct. 28, 2004, 118 Stat. 1900.) [§ 2157. Repealed. Pub. L. 115–91, div. A, title X, § 1051(a)(10)(A), Dec. 12, 2017, 131 Stat. 1560] Section, added Pub. L. 108–375, div. A, title V, § 532(a)(2), Oct. 28, 2004, 118 Stat. 1900; amended Pub. L. 109–364, div. A, title X, § 1071(a)(15), Oct. 17, 2006, 120 Stat. 2399, required annual reports to Congress regard- ing joint professional military education. CHAPTER 108—DEPARTMENT OF DEFENSE SCHOOLS Sec. [2161. Repealed.] 2162. Preparation of budget requests for operation of professional military education schools. 2163. Degree granting authority for National De- fense University.