10 U.S.C. § 2153: Capstone course: newly…

Summary

Officers chosen for promotion to brigadier general, or to rear admiral (lower half) in the Navy or the commissioned officer corps of the National Oceanic and Atmospheric Administration, must attend a special military education course after they are selected. The course prepares new general and flag officers to work with the other uniformed services. The Secretary of Defense or the Secretary of Commerce can waive this training in certain cases. Waivers can be given if the officer just came from a joint duty job and knows joint matters well, if it is needed for the good of the service, if the promotion is mainly for scientific or technical skills that have no joint requirement, or if the officer is a medical, dental, veterinary, medical service, nurse, biomedical science officer, or chaplain. The Secretary of Defense may delegate waiver power only to the Deputy Secretary of Defense, an Under Secretary of Defense, or an Assistant Secretary of Defense, and any waiver must be decided one officer at a time.

Title 10, §2153

Armed Forces, Source: USLM XML via OLRC

(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) 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.

Notes & Related Subsidiaries

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), inserted “or the commissioned officer corps of the National Oceanic and Atmospheric Administration” after “in the case of the Navy” and substituted “other uniformed 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.

§2153 Capstone Course: Newly Selected General and Flag Officers