Pub. L. 108-375, div. A, tit. V, subtit. D, sec. 532

IMPROVEMENT TO PROFESSIONAL MILITARY EDUCATION IN THE DEPARTMENT OF DEFENSE.

EnactedYear: 2004Length: 1,713 wordsOfficial source
SEC. 532. IMPROVEMENT TO PROFESSIONAL MILITARY EDUCATION IN THE DEPARTMENT OF DEFENSE.(a) In General.—Part III of subtitle A of title 10, United States Code, is amended—118 STAT. 1897(1) by redesignating chapter 107 as chapter 106A; and(2) by inserting before chapter 108 the following new chapter:“CHAPTER 107—PROFESSIONAL MILITARY EDUCATION “Sec. “2151. Definitions. “2152. Professional military education: general requirements. “2153. Capstone course: newly selected general and flag officers. “2154. Joint professional military education: three-phase approach. “2155. Joint professional military education phase II program of instruction. “2156. Joint Forces Staff College: duration of principal course of instruction. “2157. Annual report to Congress. “§ 2151. Definitions“(a) Joint Professional Military Education.—Joint professional military education consists of the rigorous and thorough instruction and examination of officers of the armed forces in an environment designed to promote a theoretical and practical in-depth understanding of joint matters and, specifically, of the subject matter covered. The subject matter to be covered by joint professional military education shall include at least the following: “(1) National Military Strategy.“(2) Joint planning at all levels of war.“(3) Joint doctrine.“(4) Joint command and control.“(5) Joint force and joint requirements development.“(b) Other Definitions.—In this chapter:“(1) The term ‘senior level service school’ means any of the following:“(A) The Army War College.“(B) The College of Naval Warfare.“(C) The Air War College.“(D) The Marine Corps War College.“(2) The term ‘intermediate level service school’ means any of the following:“(A) The United States Army Command and General Staff College.“(B) The College of Naval Command and Staff.“(C) The Air Command and Staff College.“(D) The Marine Corps Command and Staff College. “§ 2152. Joint professional military education: general requirements“(a) In General.—The Secretary of Defense shall implement a comprehensive framework for the joint professional military education of officers, including officers nominated under section 661 of this title for the joint specialty. “§ 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, 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 armed forces.“(b) Waiver Authority.—(1) Subject to paragraph (2), the Secretary of Defense may waive subsection (a)—118 STAT. 1898“(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) 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. “§ 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 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), in addition to the principal curriculum taught to all officers at an intermediate level service 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 joint professional military education curriculum taught in residence at—“(A) the Joint Forces Staff College; or“(B) a senior level service school that has been designated and certified by the Secretary of Defense as a joint professional military education institution.“(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.“(b) Sequenced Approach.—The Secretary shall require the sequencing of joint professional military education so that the standard sequence of assignments for such education requires an officer to complete Phase I instruction before proceeding to Phase II instruction, as provided in section 2155(a) of this title. “§ 2155. Joint professional military education phase II program of instruction “(a) Prerequisite of Completion of Joint Professional Military Education I Program of Instruction.—(1) After September 30, 2009, an officer of the armed forces may not be accepted 118 STAT. 1899 for, or assigned to, a program of instruction 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 Secretary 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 officer to meet the minimum requirements established for entry into Phase II instruction without 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 service school designated by the Secretary of Defense as a joint professional military education institution who have not completed Phase I instruction should comprise no more than 10 percent 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 expertise 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 necessary 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 capabilities and the integration of those capabilities. “(d) Student Ratio; Faculty Ratio.—Not later than September 30, 2009, for courses of instruction 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 institution—“(1) the percentage of students enrolled in any such course who are officers of the armed force that administers the school may not exceed 60 percent, with the remaining services proportionally represented; and“(2) of the faculty at the school who are active-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.118 STAT. 1900 “§ 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 military education. “§ 2157. 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 and each reserve component):“(1) The number of officers who successfully completed a joint professional military education phase II course and were not selected for promotion.“(2) The number of officer students and faculty members assigned by each service to the professional military schools of the other services and to the joint schools.” .(b) Transfer of Other Provisions.—Subsections (b) and (c) of section 663 of title 10, United States Code, are transferred to section 2152 of such title, as added by subsection (a), and added at the end thereof.(c) Conforming Amendments.—(1) Section 663 of such title, as amended by subsection (b), is further amended—(A) by striking subsections (a) and (e); and(B) by striking “(d) Post-Education Joint Duty Assignments.—(1) The” and inserting “(a) Joint Specialty Officers.—The”;(C) by striking “(2)(A) The Secretary” and inserting “(b) Other Officers.—(1) The Secretary”;(D) by striking “in subparagraph (B)” and inserting “in paragraph (2)”;(E) by striking “(B) The Secretary” and inserting “(2) The Secretary”; and(F) by striking “in subparagraph (A)” and inserting “in paragraph (1)”.(2)(A) The heading of such section is amended to read as follows: “§ 663. Joint duty assignments after completion of joint professional military education” .(B) The item relating to that section in the table of sections at the beginning of chapter 38 of such title is amended to read as follows: “663. Joint duty assignments after completion of joint professional military education.”. (d) Conforming Repeal.—Section 1123(b) of the National Defense Authorization Act for Fiscal Years 1990 and 1991 (Public Law 101–189; 103 Stat. 1556) is repealed.(e) Clerical Amendment.—The tables of chapters at the beginning of subtitle A, and at the beginning of part III of subtitle 118 STAT. 1901 A, of title 10, United States Code, are amended by striking the item relating to chapter 107 and inserting the following: “106A. Educational Assistance for Persons Enlisting for Active Duty 2141 “107. Professional Military Education 2151”.
Pub. L. 108-375, div. A, tit. V, subtit. D, sec. 532: IMPROVEMENT TO PROFESSIONAL MILITARY EDUCATION IN THE DEPARTMENT OF DEFENSE. | Justis AI