Sec. 559. Commission on Professional Military Education
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There is established a commission to examine the purpose, implementation, outcomes, and relevance of professional military education programs operated by the Department of Defense. The commission shall be known as the Commission on Professional Military Education (referred to in this section as the Commission ). The Commission shall be composed of the following members: Two members appointed by the Chairman of the Committee on Armed Services of the Senate, one of whom shall be a Senator and one who may not be a Senator.
Two members appointed by the Ranking Minority Member of the Committee on Armed Services of the Senate, one of whom shall be a Senator and one who may not be a Senator. Two members appointed by the Chair of the Committee on Armed Services of the House of Representatives, one of whom shall be a Member of the House of Representatives and one who may not be a Member of the House of Representatives. Two members appointed by the Ranking Minority Member of the Committee on Armed Services of the House of Representatives, one of whom shall be a Member of the House of Representatives and one who may not be a Member of the House of Representatives.
The Commission shall have one Chair, selected by the members of the Commission. Members of the Commission shall be appointed not later than 60 days after the date of the enactment of this Act. The Commission shall hold its initial meeting on or before the date that is 90 days after the date of the enactment of this Act. In lieu of publication in the Federal Register, the Commission shall post a notice of such meeting on a publicly accessible website of the Commission at least 15 days before such meeting.
After its initial meeting, the Commission shall meet— upon the call of the Chair of the Commission; and not fewer than 15 days after posting a notice of such meeting on a publicly accessible website of the Commission, in lieu of publication in the Federal Register. Five members of the Commission shall constitute a quorum for purposes of conducting business, except that two members of the Commission shall constitute a quorum for purposes of receiving testimony. Members shall be appointed for the life of the Commission.
Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. If vacancies in the Commission occur on any day after 60 days after the date of the enactment of this Act, a quorum shall consist of a majority of the members of the Commission as of such day. The Commission shall act by resolution agreed to by a majority of the members of the Commission voting and present. The Commission may establish subcommittees composed of less than the full membership of the Commission for purposes of carrying out the duties of the Commission under this section.
The actions of any such subcommittee shall be subject to the review and control of the Commission. Any findings and determinations made by such a subcommittee shall not be considered the findings and determinations of the Commission unless approved by the Commission. Any member, agent, or staff of the Commission may, if authorized by the Chair of the Commission, take any action which the Commission is authorized to take pursuant to this section. The duties of the Commission are as follows:
To— review the purpose and desired outcomes, as indicated in Department of Defense Instruction 1322.35, of professional military education in support of the National Defense Strategy; and evaluate whether the Armed Forces are achieving such purpose and outcomes. To review and evaluate the means by which faculty assigned to teach professional military education are selected, managed, promoted, evaluated, and afforded academic freedom, including— members serving on active duty; civilian instructors who are military retirees; and civilian instructors who are not military retirees.
To— review how members are selected for residential and non-residential professional military education; evaluate whether students are adequately prepared for professional military education programs; and whether additional entrance requirements, such as a writing assessment and academic prerequisites, should be established. To— review and assess how the performance of professional military education students is evaluated during the academic year; how such performance is reflected in the service records of such students; and consider whether students assigned to residential professional military education at the war colleges should be objectively evaluated by the faculty for potential at more senior ranks.
To review and evaluate whether and how professional military education prepares graduates for senior-level operational and strategic assignments. To review and evaluate whether and how the Armed Forces consider and fully leverage professional military education in subsequent assignments. To consider whether professional military education tracks focused on China, Russia, or other key adversaries or topics of importance to the National Defense Strategy would provide value for the Armed Forces.
With respect to professional military education curriculum, to review and evaluate— relevance to the National Defense Strategy and current and future defense needs, including topics covered and modalities of instruction, such as interactive seminars, wargaming, and other simulations; and the process for developing and modifying the curriculum. To evaluate whether the Armed Forces have established a system of accountability to ensure that professional military education meets the defense needs of the United States at a reasonable cost.
To review and evaluate the appropriateness of the service commitments imposed by the Armed Forces for members selected for professional military education. The Commission or, on the authorization of the Commission, any subcommittee or member thereof, may, for the purpose of carrying out the provisions of this section hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, and administer such oaths. The Commission may, to such extent and in such amounts as are provided in advance in appropriation Acts, enter into contracts to enable the Commission to discharge its duties under this section.
The Commission may secure directly from any executive department, agency, bureau, board, commission, office, independent establishment, or instrumentality of the Government information, suggestions, estimates, and statistics for the purposes of this section. Except for the intelligence community (as such term is defined in section 3 of the National Security Act of 1947 (Chapter 343; 61 Stat. 496; 50 U.S.C. 3003 )), each such department, agency, bureau, board, commission, office, establishment, or instrumentality shall, to the extent authorized by law, furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request of the Chair of the Commission.
The Commission shall handle and protect all classified information provided to it under this section in accordance with applicable statutes and regulations. The Secretary of Defense shall provide to the Commission, on a nonreimbursable basis, such administrative services, funds, staff, facilities, and other support services as are necessary for the performance of the Commission’s duties under this section. The Commission may use the United States postal services in the same manner and under the same conditions as the departments and agencies of the United States.
No member or staff of the Commission may receive a gift or benefit by reason of the service of such member or staff to the Commission. The Chair of the Commission, in accordance with rules agreed upon by the Commission, shall appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Commission to carry out its duties, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable to a person occupying a position at level V of the Executive Schedule under section 5316 of such title.
Any Federal Government employee may be detailed to the Commission without reimbursement from the Commission, and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption. The Commission may procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of such title.
Except as provided in paragraph (2), each member of the Commission may be compensated at not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Commission under this section. Members of the Commission who are officers or employees of the United States or Members of Congress shall receive no additional pay by reason of their service on the Commission.
While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission may be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703 of title 5, United States Code. Not later than 18 months after the date of the enactment of this Act, the Commission shall submit to the congressional defense committees and the Secretary of Defense an unclassified report (that may include a classified annex) containing the findings and recommendations of the Commission.
The Commission, and all the authorities of this section, shall terminate at the end of the 120-day period beginning on the date on which the final report under paragraph
(1)is submitted to the congressional defense committees. The Commission may use the 120-day period referred to in subparagraph
(A)for the purposes of concluding its activities, including providing testimony to Congress concerning the final report referred to in that subparagraph and disseminating the report.
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- 61 Stat. 496
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