TITLE 10 - US CODE - PART III - TRAINING AND EDUCATION

TITLE 10 - US CODE - CHAPTER 101 - TRAINING GENERALLY

10 USC 2001 - Repealed. Pub. L. 103337, div. A, title XVI, 1661(a)(3)(A), Oct. 5, 1994, 108 Stat. 2980]

Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 119, related to division of reserve components into training categories. See section 10141 (c) of this title.

10 USC 2002 - Dependents of members of armed forces: language training

(a) Notwithstanding section 701(b) of the Foreign Service Act of 1980 (22 U.S.C. 4021 (b)) or any other provision of law, and under regulations to be prescribed by the Secretary of Defense or, with respect to the Coast Guard when it is not operating as a service in the Navy, the Secretary of Homeland Security, language training may be provided in
(1) a facility of the Department of Defense;
(2) a facility of the George P. Shultz National Foreign Affairs Training Center established under section 701(a) of the Foreign Service Act of 1980 (22 U.S.C. 4021 (a)); or
(3) a civilian educational institution;

to a dependent of a member of the armed forces in anticipation of the members assignment to permanent duty outside the United States.

(b) In this section, the term dependent has the same meaning that it has under section 401 of title 37.

10 USC 2003 - Aeronautical rating as pilot: qualifications

To be eligible to receive an aeronautical rating as a pilot in the Army or Air Force or be designated as a naval aviator, a member of an armed force must successfully complete an undergraduate pilot course of instruction prescribed or approved by the Secretary of his military department.

10 USC 2004 - Detail of commissioned officers as students at law schools

(a) The Secretary of each military department may, under regulations prescribed by the Secretary of Defense, detail commissioned officers of the armed forces as students at accredited law schools, located in the United States, for a period of training leading to the degree of bachelor of laws or juris doctor. No more than twenty-five officers from each military department may commence such training in any single fiscal year.
(b) To be eligible for detail under subsection (a), an officer must be a citizen of the United States and must
(1) have served on active duty for a period of not less than two years nor more than six years and be in the pay grade O3 or below as of the time the training is to begin; and
(2) sign an agreement that unless sooner separated he will
(A) complete the educational course of legal training;
(B) accept transfer or detail as a judge advocate or law specialist within the department concerned when his legal training is completed; and
(C) agree to serve on active duty following completion or other termination of training for a period of two years for each year or part thereof of his legal training under subsection (a).
(c) Officers detailed for legal training under subsection (a) shall be selected on a competitive basis by the Secretary of the military department concerned, under regulations prescribed by the Secretary of Defense. Any service obligation incurred by an officer under an agreement entered into under subsection (b) shall be in addition to any service obligation incurred by any such officer under any other provision of law or agreement.
(d) Expenses incident to the detail of officers under this section shall be paid from any funds appropriated for the military department concerned.
(e) An officer who, under regulations prescribed by the Secretary of Defense, is dropped from the program of legal training authorized by subsection (a) for deficiency in conduct or studies, or for other reasons, may be required to perform active duty in an appropriate military capacity in accordance with the active duty obligation imposed by regulations issued by the Secretary of Defense, except that in no case shall any such member be required to serve on active duty for any period in excess of one year for each year or part thereof he participated in the program.
(f) No agreement detailing any officer of the armed forces to an accredited law school may be entered into during any period that the President is authorized by law to induct persons into the armed forces involuntarily. Nothing in this subsection shall affect any agreement entered into during any period when the President is not authorized by law to so induct persons into the armed forces.

10 USC 2004a - Detail of commissioned officers as students at medical schools

(a) Detail Authorized.— 
The Secretary of each military department may detail commissioned officers of the armed forces as students at accredited medical schools or schools of osteopathy located in the United States for a period of training leading to the degree of doctor of medicine. No more than 25 officers from each military department may commence such training in any single fiscal year.
(b) Eligibility for Detail.— 
To be eligible for detail under subsection (a), an officer must be a citizen of the United States and must
(1) have served on active duty for a period of not less than two years nor more than six years and be in the pay grade 03[1] or below as of the time the training is to begin; and
(2) sign an agreement that unless sooner separated the officer will
(A) complete the educational course of medical training;
(B) accept transfer or detail as a medical officer within the military department concerned when the officers training is completed; and
(C) agree to serve, following completion of the officers training, on active duty (or on active duty and in the Selected Reserve) for a period as specified pursuant to subsection (c).
(c) Service Obligation.— 
An agreement under subsection (b) shall provide that the officer shall serve on active duty for two years for each year or part thereof of the officers medical training under subsection (a), except that the agreement may authorize the officer to serve a portion of the officers service obligation on active duty and to complete the service obligation that remains upon separation from active duty in the Selected Reserve, in which case the officer shall serve three years in the Selected Reserve for each year or part thereof of the officers medical training under subsection (a) for any service obligation that was not completed before separation from active duty.
(d) Selection of Officers for Detail.— 
Officers detailed for medical training under subsection (a) shall be selected on a competitive basis by the Secretary of the military department concerned.
(e) Appointment and Treatment of Prior Active Service.— 

(1) A commissioned officer detailed as a student at a medical school under subsection (a) shall be appointed as a regular officer in the grade of second lieutenant or ensign and shall serve on active duty in that grade with full pay and allowances of that grade.
(2) If an officer detailed to be a medical student has prior active service in a pay grade and with years of service credited for pay that would entitle the officer, if the officer remained in the former grade, to a rate of basic pay in excess of the rate of basic pay for regular officers in the grade of second lieutenant or ensign, the officer shall be paid basic pay based on the former grade and years of service credited for pay. The amount of such basic pay for the officer shall be increased on January 1 of each year by the percentage by which basic pay is increased on average on that date for that year, and the officer shall continue to receive basic pay based on the former grade and years of service until the date, whether occurring before or after graduation, on which the basic pay for the officer in the officers actual grade and years of service credited for pay exceeds the amount of basic pay to which the officer is entitled based on the officers former grade and years of service.
(f) Relation of Service Obligations to Other Service Obligations.— 
Any service obligation incurred by an officer under an agreement entered into under subsection (b) shall be in addition to any service obligation incurred by the officer under any other provision of law or agreement.
(g) Expenses.— 
Expenses incident to the detail of officers under this section shall be paid from any funds appropriated for the military department concerned.
(h) Failure to Complete Program.— 

(1) An officer who is dropped from a program of medical training to which detailed under subsection (a) for deficiency in conduct or studies, or for other reasons, may be required to perform active duty in an appropriate military capacity in accordance with the active duty obligation imposed on the officer under regulations issued by the Secretary of Defense for purposes of this section.
(2) In no case shall an officer be required to serve on active duty under paragraph (1) for any period in excess of one year for each year or part thereof the officer participated in the program.
(i) Limitation on Details.— 
No agreement detailing an officer of the armed forces to an accredited medical school or school of osteopathy may be entered into during any period in which the President is authorized by law to induct persons into the armed forces involuntarily. Nothing in this subsection shall affect any agreement entered into during any period when the President is not authorized by law to so induct persons into the armed forces[2]
[1] So in original. Probably should be “O–3”.
[2] So in original. Probably should be followed by a period.

10 USC 2005 - Advanced education assistance: active duty agreement; reimbursement requirements

(a) The Secretary concerned may require, as a condition to the Secretary providing advanced education assistance to any person, that such person enter into a written agreement with the Secretary concerned under the terms of which such person shall agree
(1) to complete the educational requirements specified in the agreement and to serve on active duty for a period specified in the agreement;
(2) that if such person fails to complete the education requirements specified in the agreement, such person will serve on active duty for a period specified in the agreement;
(3) that if such person does not complete the period of active duty specified in the agreement, or does not fulfill any term or condition prescribed pursuant to paragraph (4), such person shall be subject to the repayment provisions of section 303a (e) of title 37; and
(4) to such other terms and conditions as the Secretary concerned may prescribe to protect the interest of the United States.
(b) The Secretary concerned shall determine the period of active duty to be served by any person for advanced education assistance to be provided such person by an armed force, except that if the period of active duty required to be served is specified under another provision of law with respect to the advanced education assistance to be provided, the period specified in the agreement referred to in subsection (a) shall be the same as the period specified in such other provision of law.
(c) As a condition of the Secretary concerned providing financial assistance under section 2107 or 2107a of this title to any person, the Secretary concerned shall require that the person enter into the agreement described in subsection (a). In addition to the requirements of paragraphs (1) through (4) of such subsection, the agreement shall specify that, if the person does not complete the education requirements specified in the agreement or does not fulfill any term or condition prescribed pursuant to paragraph (4) of such subsection, the person shall be subject to the repayment provisions of section 303a (e) of title 37 without the Secretary first ordering such person to active duty as provided for under subsection (a)(2) and sections 2107 (f) and 2107a (f) of this title.
(d) In this section:
(1) The term advanced education means education or training above the secondary school level but does not include technical training provided to a member of the armed forces to qualify such member to perform a specified military function, to workshops, or to short-term training programs.
(2) The term assistance means the direct provision of any course of advanced education by the Secretary concerned, reimbursement by the Secretary concerned for any course of advanced education provided by another department or agency of the Federal Government, or the payment, in whole or in part, by the Secretary concerned for any course of advanced education provided by any public or private educational institution or other entity, but such term does not include the payment for any course of advanced education which is paid for under chapter 106 or 107 of this title.
(3) The term cost of advanced education means those costs which are, under regulations prescribed by the Secretary concerned, directly attributable to the education of the person to whom a course of advanced education is provided, including the cost of tuition and other fees (or, if none is charged, an amount determined by the Secretary concerned to be a reasonable charge for the education provided), the cost of books, supplies, transportation, and miscellaneous expenses, and the cost of room and board, but such term does not include pay or allowances under title 37 or a stipend under section 2121 of this title.

10 USC 2006 - Department of Defense Education Benefits Fund

(a) There is established on the books of the Treasury a fund to be known as the Department of Defense Education Benefits Fund (hereinafter in this section referred to as the Fund), which shall be administered by the Secretary of the Treasury. The Fund shall be used for the accumulation of funds in order to finance armed forces education liabilities on an actuarially sound basis.
(b) In this section:
(1) The term armed forces education liabilities means liabilities of the armed forces for benefits under chapter 30 of title 38 and for Department of Defense benefits under paragraphs (3) and (4) of section 510 (e) and chapters 1606 and 1607 of this title, including funds provided by the Secretary of Homeland Security for education liabilities for the Coast Guard when it is not operating as a service in the Department of the Navy.
(2) The term normal cost, with respect to any period of time, means the total of the following:
(A) The present value of the future benefits payable from the Fund for amounts attributable to increased amounts of educational assistance authorized under section 3015 (d) of title 38 to persons who were not on active duty on July 1, 1985, and who during such period enter on active duty.
(B) The present value of the future benefits payable from the Fund for amounts attributable to educational assistance authorized under subchapter III of chapter 30 of title 38 to persons who were not on active duty on July 1, 1985, and who during such period
(i) enter a fourth year of active duty, in the case of persons eligible for basic educational assistance under section 3011 of such title; or
(ii) enter a period of service that will establish entitlement to such educational assistance under section 3021(b) of such title, in the case of persons eligible for basic educational assistance under section 3012 of such title.
(C) The present value of the future Department of Defense benefits payable from the Fund (including funds from the Department in which the Coast Guard is operating) for educational assistance under chapters 1606 and 1607 of this title to persons who during such period become entitled to such assistance.
(D) The present value of future benefits payable from the Fund for the Department of Defense portion of payments of educational assistance under subchapter II of chapter 30 of title 38 attributable to increased usage of benefits as a result of transfers of entitlement to basic educational assistance under section 3020 of that title during such period.
(E) The present value of future benefits payable from the Fund for educational assistance under paragraphs (3) and (4) of section 510 (e) of this title to persons who during such period become entitled to such assistance.
(c) There shall be deposited into the Fund the following, which shall constitute the assets of the Fund:
(1) Amounts paid into the Fund by the Secretary of Defense and the Secretary of the Department in which the Coast Guard is operating under subsection (f).
(2) Any amount appropriated to the Fund.
(3) Any return on investment of the assets of the Fund.
(d) The Secretary of the Treasury shall transfer from the Fund to the Secretary of Veterans Affairs such amounts as may be necessary to enable the Secretary of Veterans Affairs to make required payments of armed forces education liabilities. The Secretary of the Treasury, the Secretary of Defense, the Secretary of the Department in which the Coast Guard is operating, and the Secretary of Veterans Affairs shall enter into an agreement as to how and when, and the amounts in which, such transfers shall be made. Except for investments under subsection (h), amounts in the Fund may not be used for any purpose other than transfers as described in this subsection.
(e) 
(1) The Secretary of Defense shall carry out periodic actuarial valuations of the educational programs described in subsection (b)(1).
(2) Based on the most recent such valuation, the Secretary of Defense shall estimate the normal cost for the next fiscal year.
(3) If at the time of any such valuation there has been a change in benefits under an education program described in subsection (b)(1) that has been made since the last such valuation and that increases or decreases the present value of benefits payable from the Fund, the Secretary of Defense shall determine an amortization methodology and schedule for the liquidation of the unfunded liability (or negative unfunded liability) thus created such that the present value of the sum of the amortization payments equals the increase or decrease in the present value of such benefits.
(4) If at the time of any such valuation the Secretary of Defense determines that, based upon changes in actuarial assumptions since the last valuation, there has been an actuarial gain or loss to the Fund, the Secretary shall determine an amortization methodology and schedule for the liquidation of such gain or loss through an increase or decrease in the payments that would otherwise be made to the Fund.
(5) Based on the determinations under paragraphs (2), (3), and (4) the Secretary of Defense shall determine the amount needed to be appropriated to the Department of Defense and the Department in which the Coast Guard is operating for the next fiscal year for payments to be made to the Fund under subsection (f). The President shall include not less than the full amount so determined in the budget transmitted to Congress for the next fiscal year under section 1105 of title 31. The President may comment and make recommendations concerning any such amount.
(6) All determinations under this subsection shall be made using methods and assumptions approved by the Board of Actuaries (including assumptions of interest rates and inflation) and in accordance with generally accepted actuarial principles and practices.
(f) 
(1) The Secretary of Defense and the Secretary of the Department in which the Coast Guard is operating shall pay into the Fund each month the amount that, based upon the most recent actuarial valuation of the education programs described in subsection (b)(1), is equal to the actual total normal cost for the preceding month.
(2) The Secretary of Defense and the Secretary of the Department in which the Coast Guard is operating shall pay into the Fund at the beginning of each fiscal year (or as soon thereafter as appropriations are available for such purpose) the sum of the following:
(A) The amount of the payment for that year, if any, for the amortization of any liability to the Fund resulting from a change in benefits, as determined by the Secretary of Defense under subsection (e)(3).
(B) The amount of the payment for that year, if any, for the amortization of any actuarial gain or loss to the Fund, as determined by the Secretary of Defense under subsection (e)(4).
(3) Amounts paid into the Fund under this subsection shall be paid from appropriations available for the pay of members of the armed forces under the jurisdiction of the Secretary concerned.
(g) The Secretary of the Treasury shall invest such portion of the Fund as is not in the judgment of the Secretary required to meet current withdrawals. Such investments shall be in public debt securities with maturities suitable to the needs of the Fund, as determined by the Secretary, and bearing interest at rates determined by the Secretary, taking into consideration current market yields on outstanding marketable obligations of the United States of comparable maturities. The income on such investments shall be credited to and form a part of the Fund.

10 USC 2007 - Payment of tuition for off-duty training or education

(a) Subject to subsections (b) and (c), the Secretary concerned may pay all or a portion of the charges of an educational institution for the tuition or expenses of a member of the armed forces enrolled in such educational institution for education or training during the members off-duty periods.
(b) 
(1) In the case of a commissioned officer on active duty (other than a member of the Ready Reserve), the Secretary concerned may not pay charges under subsection (a) unless the officer agrees to remain on active duty for a period of at least two years after the completion of the training or education for which the charges are paid.
(2) Notwithstanding paragraph (1), the Secretary concerned may reduce or waive the active duty service obligation
(A) in the case of a commissioned officer who is subject to mandatory separation;
(B) in the case of a commissioned officer who has completed the period of active duty service for which the officer was ordered to active duty in support of a contingency operation; or
(C) in other exigent circumstances as determined by the Secretary concerned.
(c) 
(1) Subject to paragraphs (3) and (5), the Secretary concerned may pay the charges of an educational institution for the tuition or expenses described in subsection (a) of a member of the Selected Reserve.
(2) Subject to paragraphs (4) and (5), the Secretary concerned may pay the charges of an educational institution for the tuition or expenses described in subsection (a) of a member of the Individual Ready Reserve who has a military occupational specialty designated by the Secretary concerned for purposes of this subsection.
(3) The Secretary concerned may not pay charges under paragraph (1) for tuition or expenses of an officer of the Selected Reserve unless the officer enters into an agreement to remain a member of the Selected Reserve for at least 4 years after completion of the education or training for which the charges are paid.
(4) The Secretary concerned may not pay charges under paragraph (2) for tuition or expenses of an officer of the Individual Ready Reserve unless the officer enters into an agreement to remain in the Selected Reserve or Individual Ready Reserve for at least 4 years after completion of the education or training for which the charges are paid.
(5) The Secretary of a military department may require an enlisted member of the Selected Reserve or Individual Ready Reserve to enter into an agreement to serve for up to 4 years in the Selected Reserve or Individual Ready Reserve, as the case may be, after completion of the education or training for which tuition or expenses are paid under paragraph (1) or (2), as applicable.
(d) 
(1) A member of the armed forces who is entitled to basic educational assistance under chapter 30 of title 38 may use such entitlement for purposes of paying any portion of the charges described in subsection (a) or (c) that are not paid for by the Secretary of the military department concerned under such subsection.
(2) The use of entitlement under paragraph (1) shall be governed by the provisions of section 3014 (b) of title 38.
(e) 
(1) If an officer who enters into an agreement under subsection (b) does not complete the period of active duty specified in the agreement, the officer shall be subject to the repayment provisions of section 303a (e) of title 37.
(2) If a member of the Ready Reserve who enters into an agreement under subsection (c) does not complete the period of service specified in the agreement, the member shall be subject to the repayment provisions of section 303a (e) of title 37.
(f) This section shall be administered under regulations prescribed by the Secretary of Defense or, with respect to the Coast Guard when it is not operating as a service in the Navy, the Secretary of Homeland Security.

10 USC 2008 - Authority to use funds for certain educational purposes

Funds appropriated to the Department of Defense may be used to carry out construction, as defined in section 8013(3) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713 (3)), or to carry out section 8008 of such Act (20 U.S.C. 7708), relating to the provision of assistance to certain school facilities under the impact aid program.

10 USC 2009 - Military colleges: female students

(a) Under regulations prescribed by the Secretary of Defense, any college or university designated by the Secretary of Defense as a military college shall, as a condition of maintaining such designation, provide that qualified female undergraduate students enrolled in such college or university be eligible to participate in military training at such college or university.
(b) Regulations prescribed under subsection (a) may not require a college or university, as a condition of maintaining its designation as a military college or for any other purpose, to require female undergraduate students enrolled in such college or university to participate in military training.

10 USC 2010 - Participation of developing countries in combined exercises: payment of incremental expenses

(a) The Secretary of Defense, after consultation with the Secretary of State, may pay the incremental expenses of a developing country that are incurred by that country as the direct result of participation in a bilateral or multilateral military exercise if
(1) the exercise is undertaken primarily to enhance the security interests of the United States; and
(2) the Secretary of Defense determines that the participation by such country is necessary to the achievement of the fundamental objectives of the exercise and that those objectives cannot be achieved unless the United States provides the incremental expenses incurred by such country.
(b) The Secretary of Defense shall submit to Congress a report each year, not later than March 1, containing
(1) a list of the developing countries for which expenses have been paid by the United States under this section during the preceding year; and
(2) the amounts expended on behalf of each government.
(c) The Secretary of Defense shall establish by regulation such accounting procedures as may be necessary to ensure that funds expended under this section are properly expended.
(d) Funds available to carry out this section shall be available, to the extent provided in appropriations Acts, for bilateral or multilateral military exercises that begin in a fiscal year and end in the following fiscal year.
(e) In this section, the term incremental expenses means the reasonable and proper cost of the goods and services that are consumed by a developing country as a direct result of that countrys participation in a bilateral or multilateral military exercise with the United States, including rations, fuel, training ammunition, and transportation. Such term does not include pay, allowances, and other normal costs of such countrys personnel.

10 USC 2011 - Special operations forces: training with friendly foreign forces

(a) Authority To Pay Training Expenses.— 
Under regulations prescribed pursuant to subsection (c), the commander of the special operations command established pursuant to section 167 of this title and the commander of any other unified or specified combatant command may pay, or authorize payment for, any of the following expenses:
(1) Expenses of training special operations forces assigned to that command in conjunction with training, and training with, armed forces and other security forces of a friendly foreign country.
(2) Expenses of deploying such special operations forces for that training.
(3) In the case of training in conjunction with a friendly developing country, the incremental expenses incurred by that country as the direct result of such training.
(b) Purpose of Training.— 
The primary purpose of the training for which payment may be made under subsection (a) shall be to train the special operations forces of the combatant command.
(c) Regulations.— 
The Secretary of Defense shall prescribe regulations for the administration of this section. The regulations shall require that training activities may be carried out under this section only with the prior approval of the Secretary of Defense. The regulations shall establish accounting procedures to ensure that the expenditures pursuant to this section are appropriate.
(d) Definitions.— 
In this section:
(1) The term special operations forces includes civil affairs forces and psychological operations forces.
(2) The term incremental expenses, with respect to a developing country, means the reasonable and proper cost of rations, fuel, training ammunition, transportation, and other goods and services consumed by such country, except that the term does not include pay, allowances, and other normal costs of such countrys personnel.
(e) Reports.— 
Not later than April 1 of each year, the Secretary of Defense shall submit to Congress a report regarding training during the preceding fiscal year for which expenses were paid under this section. Each report shall specify the following:
(1) All countries in which that training was conducted.
(2) The type of training conducted, including whether such training was related to counter-narcotics or counter-terrorism activities, the duration of that training, the number of members of the armed forces involved, and expenses paid.
(3) The extent of participation by foreign military forces, including the number and service affiliation of foreign military personnel involved and physical and financial contribution of each host nation to the training effort.
(4) The relationship of that training to other overseas training programs conducted by the armed forces, such as military exercise programs sponsored by the Joint Chiefs of Staff, military exercise programs sponsored by a combatant command, and military training activities sponsored by a military department (including deployments for training, short duration exercises, and other similar unit training events).
(5) A summary of the expenditures under this section resulting from the training for which expenses were paid under this section.
(6) A discussion of the unique military training benefit to United States special operations forces derived from the training activities for which expenses were paid under this section.

10 USC 2012 - Support and services for eligible organizations and activities outside Department of Defense

(a) Authority To Provide Services and Support.— 
Under regulations prescribed by the Secretary of Defense, the Secretary of a military department may in accordance with this section authorize units or individual members of the armed forces under that Secretarys jurisdiction to provide support and services to non-Department of Defense organizations and activities specified in subsection (e), but only if
(1) such assistance is authorized by a provision of law (other than this section); or
(2) the provision of such assistance is incidental to military training.
(b) Scope of Covered Activities Subject to Section.— 
This section does not
(1) apply to the provision by the Secretary concerned, under regulations prescribed by the Secretary of Defense, of customary community relations and public affairs activities conducted in accordance with Department of Defense policy; or
(2) prohibit the Secretary concerned from encouraging members of the armed forces under the Secretarys jurisdiction to provide volunteer support for community relations activities under regulations prescribed by the Secretary of Defense.
(c) Requirement for Specific Request.— 
Assistance under subsection (a) may only be provided if
(1) the assistance is requested by a responsible official of the organization to which the assistance is to be provided; and
(2) the assistance is not reasonably available from a commercial entity or (if so available) the official submitting the request for assistance certifies that the commercial entity that would otherwise provide such services has agreed to the provision of such services by the armed forces.
(d) Relationship to Military Training.— 

(1) Assistance under subsection (a) may only be provided if the following requirements are met:
(A) The provision of such assistance
(i) in the case of assistance by a unit, will accomplish valid unit training requirements; and
(ii) in the case of assistance by an individual member, will involve tasks directly related to the specific military occupational specialty of the member.
(B) The provision of such assistance will not adversely affect the quality of training or otherwise interfere with the ability of a member or unit of the armed forces to perform the military functions of the member or unit.
(C) The provision of such assistance will not result in a significant increase in the cost of the training.
(2) Subparagraph (A)(i) of paragraph (1) does not apply in a case in which the assistance to be provided consists primarily of military manpower and the total amount of such assistance in the case of a particular project does not exceed 100 man-hours.
(e) Eligible Entities.— 
The following organizations and activities are eligible for assistance under this section:
(1) Any Federal, regional, State, or local governmental entity.
(2) Youth and charitable organizations specified in section 508 of title 32.
(3) Any other entity as may be approved by the Secretary of Defense on a case-by-case basis.
(f) Regulations.— 
The Secretary of Defense shall prescribe regulations governing the provision of assistance under this section. The regulations shall include the following:
(1) Rules governing the types of assistance that may be provided.
(2) Procedures governing the delivery of assistance that ensure, to the maximum extent practicable, that such assistance is provided in conjunction with, rather than separate from, civilian efforts.
(3) Procedures for appropriate coordination with civilian officials to ensure that the assistance
(A) meets a valid need; and
(B) does not duplicate other available public services.
(4) Procedures to ensure that Department of Defense resources are not applied exclusively to the program receiving the assistance.
(g) Treatment of Member’s Participation in Provision of Support or Services.— 

(1) The Secretary of a military department may not require or request a member of the armed forces to submit for consideration by a selection board (including a promotion board, command selection board, or any other kind of selection board) evidence of the members participation in the provision of support and services to non-Department of Defense organizations and activities under this section or the members involvement in, or support of, other community relations and public affairs activities of the armed forces.
(2) Paragraph (1) does not prevent a selection board from considering material submitted voluntarily by a member of the armed forces which provides evidence of the participation of that member or another member in activities described in that paragraph.
(h) Advisory Councils.— 

(1) The Secretary of Defense shall encourage the establishment of advisory councils at regional, State, and local levels, as appropriate, in order to obtain recommendations and guidance concerning assistance under this section from persons who are knowledgeable about regional, State, and local conditions and needs.
(2) The advisory councils should include officials from relevant military organizations, representatives of appropriate local, State, and Federal agencies, representatives of civic and social service organizations, business representatives, and labor representatives.
(3) The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to such councils.
(i) Construction of Provision.— 
Nothing in this section shall be construed as authorizing
(1) the use of the armed forces for civilian law enforcement purposes or for response to natural or manmade disasters; or
(2) the use of Department of Defense personnel or resources for any program, project, or activity that is prohibited by law.
(j) Oversight and Cost Accounting.— 
The Secretary of Defense shall establish a program to improve the oversight and cost accounting of training projects conducted in accordance with this section. The program shall include measures to accomplish the following:
(1) Ensure that each project that is proposed to be conducted in accordance with this section (regardless of whether additional funding from the Secretary of Defense is sought) is requested in writing, reviewed for full compliance with this section, and approved in advance of initiation by the Secretary of the military department concerned and, in the case of a project that seeks additional funding from the Secretary of Defense, by the Secretary of Defense.
(2) Ensure that each project that is conducted in accordance with this section is required to provide, within a specified period following completion of the project, an after-action report to the Secretary of Defense.
(3) Require that each application for a project to be conducted in accordance with this section include an analysis and certification that the proposed project would not result in a significant increase in the cost of training (as determined in accordance with procedures prescribed by the Secretary of Defense).
(4) Determine the total program cost for each project, including both those costs that are borne by the military departments from their own accounts and those costs that are borne by defense-wide accounts.
(5) Provide for oversight of project execution to ensure that a training project under this section is carried out in accordance with the proposal for that project as approved.

10 USC 2013 - Training at non-Government facilities

(a) Authority To Enter Into Agreements.— 

(1) The Secretary concerned, without regard to section 3709 of the Revised Statutes (41 U.S.C. 5), may make agreements or other arrangements for the training of members of the uniformed services under the jurisdiction of that Secretary by, in, or through non-Government facilities.
(2) In this section, the term non-Government facility means any of the following:
(A) The government of a State or of a territory or possession of the United States, including the Commonwealth of Puerto Rico, an interstate governmental organization, and a unit, subdivision, or instrumentality of any of the foregoing.
(B) A foreign government or international organization, or instrumentality of either, which is designated by the President as eligible to provide training under this section.
(C) A medical, scientific, technical, educational, research, or professional institution, foundation, or organization.
(D) A business, commercial, or industrial firm, corporation, partnership, proprietorship, or other organization.
(E) Individuals other than civilian or military personnel of the Government.
(F) The services and property of any of the foregoing providing the training.
(b) Expenses.— 
The Secretary concerned, from appropriations or other funds available to the Secretary, may
(1) pay all or a part of the pay of a member of a uniformed service who is selected and assigned for training under this section, for the period of training; and
(2) pay, or reimburse the member of a uniformed service for, all or a part of the necessary expenses of the training (without regard to subsections (a) and (b) of section 3324 of title 31), including among those expenses the necessary costs of the following:
(A) Travel and per diem instead of subsistence under sections 404 and 405 of title 37 and the Joint Travel Regulations for the Uniformed Services.
(B) Transportation of immediate family, household goods and personal effects, packing, crating, temporarily storing, draying, and unpacking under sections 406 and 409 of title 37 and the Joint Travel Regulations for the Uniformed Services when the estimated costs of transportation and related services are less than the estimated aggregate per diem payments for the period of training.
(C) Tuition and matriculation fees.
(D) Library and laboratory services.
(E) Purchase or rental of books, materials, and supplies.
(F) Other services or facilities directly related to the training of the member.
(c) Certain Expenses Excluded.— 
The expenses of training do not include membership fees except to the extent that the fee is a necessary cost directly related to the training itself or that payment of the fee is a condition precedent to undergoing the training.

10 USC 2014 - Administrative actions adversely affecting military training or other readiness activities

(a) Congressional Notification.— 
Whenever an official of an Executive agency takes or proposes to take an administrative action that, as determined by the Secretary of Defense in consultation with the Chairman of the Joint Chiefs of Staff, affects training or any other readiness activity in a manner that has or would have a significant adverse effect on the military readiness of any of the armed forces or a critical component thereof, the Secretary shall submit a written notification of the action and each significant adverse effect to the head of the Executive agency taking or proposing to take the administrative action. At the same time, the Secretary shall transmit a copy of the notification to the President, the Committee on Armed Services of the Senate, and the Committee on Armed Services of the House of Representatives.
(b) Notification To Be Prompt.— 

(1) Subject to paragraph (2), the Secretary shall submit a written notification of an administrative action or proposed administrative action required by subsection (a) as soon as possible after the Secretary becomes aware of the action or proposed action.
(2) The Secretary shall prescribe policies and procedures to ensure that the Secretary receives information on an administrative action or proposed administrative action described in subsection (a) promptly after Department of Defense personnel receive notice of such an action or proposed action.
(c) Consultation Between Secretary and Head of Executive Agency.— 
Upon notification with respect to an administrative action or proposed administrative action under subsection (a), the head of the Executive agency concerned shall
(1) respond promptly to the Secretary; and
(2) consistent with the urgency of the training or readiness activity involved and the provisions of law under which the administrative action or proposed administrative action is being taken, seek to reach an agreement with the Secretary on immediate actions to attain the objective of the administrative action or proposed administrative action in a manner which eliminates or mitigates the adverse effects of the administrative action or proposed administrative action upon the training or readiness activity.
(d) Moratorium.— 

(1) Subject to paragraph (2), upon notification with respect to an administrative action or proposed administrative action under subsection (a), the administrative action or proposed administrative action shall cease to be effective with respect to the Department of Defense until the earlier of
(A) the end of the five-day period beginning on the date of the notification; or
(B) the date of an agreement between the head of the Executive agency concerned and the Secretary as a result of the consultations under subsection (c).
(2) Paragraph (1) shall not apply with respect to an administrative action or proposed administrative action if the head of the Executive agency concerned determines that the delay in enforcement of the administrative action or proposed administrative action will pose an actual threat of an imminent and substantial endangerment to public health or the environment.
(e) Effect of Lack of Agreement.— 

(1) If the head of an Executive agency and the Secretary do not enter into an agreement under subsection (c)(2), the Secretary shall submit a written notification to the President who shall take final action on the matter.
(2) Not later than 30 days after the date on which the President takes final action on a matter under paragraph (1), the President shall submit to the committees referred to in subsection (a) a notification of the action.
(f) Limitation on Delegation of Authority.— 
The head of an Executive agency may not delegate any responsibility under this section.
(g) Definition.— 
In this section, the term Executive agency has the meaning given such term in section 105 of title 5, except that the term does not include the Government Accountability Office.

10 USC 2015 - Payment of expenses to obtain professional credentials

(a) Authority.— 
The Secretary of Defense and the Secretary of Homeland Security, with respect to the Coast Guard when it is not operating as a service in the Navy, may pay for
(1) expenses for members of the armed forces to obtain professional credentials, including expenses for professional accreditation, State-imposed and professional licenses, and professional certification; and
(2) examinations to obtain such credentials.
(b) Limitation.— 
The authority under subsection (a) may not be used to pay the expenses of a member to obtain professional credentials that are a prerequisite for appointment in the armed forces.

TITLE 10 - US CODE - CHAPTER 102 - JUNIOR RESERVE OFFICERS TRAINING CORPS

10 USC 2031 - Junior Reserve Officers Training Corps

(a) 
(1) The Secretary of each military department shall establish and maintain a Junior Reserve Officers Training Corps, organized into units, at public and private secondary educational institutions which apply for a unit and meet the standards and criteria prescribed pursuant to this section. The President shall promulgate regulations prescribing the standards and criteria to be followed by the military departments in selecting the institutions at which units are to be established and maintained and shall provide for the fair and equitable distribution of such units throughout the Nation, except that more than one such unit may be established and maintained at any military institute.
(2) It is a purpose of the Junior Reserve Officers Training Corps to instill in students in United States secondary educational institutions the values of citizenship, service to the United States, and personal responsibility and a sense of accomplishment.
(b) No unit may be established or maintained at an institution unless
(1) the number of physically fit students in such unit who are in a grade above the 8th grade and are citizens or nationals of the United States, or aliens lawfully admitted to the United States for permanent residence, is not less than
(A)  10 percent of the number of students enrolled in the institution who are in a grade above the 8th grade, or
(B)  100, whichever is less;
(2) the institution has adequate facilities for classroom instruction, storage of arms and other equipment which may be furnished in support of the unit, and adequate drill areas at or in the immediate vicinity of the institution, as determined by the Secretary of the military department concerned;
(3) the institution provides a course of military instruction of not less than three academic years duration, as prescribed by the Secretary of the military department concerned;
(4) the institution agrees to limit membership in the unit to students who maintain acceptable standards of academic achievement and conduct, as prescribed by the Secretary of the military department concerned; and
(5) the unit meets such other requirements as may be established by the Secretary of the military department concerned.
(c) The Secretary of the military department concerned shall, to support the Junior Reserve Officers Training Corps program
(1) detail officers and noncommissioned officers of an armed force under his jurisdiction to institutions having units of the Corps as administrators and instructors;
(2) provide necessary text materials, equipment, and uniforms and, to the extent considered appropriate by the Secretary concerned, such additional resources (including transportation and billeting) as may be available to support activities of the program; and
(3) establish minimum acceptable standards for performance and achievement for qualified units.
(d) Instead of, or in addition to, detailing officers and noncommissioned officers on active duty under subsection (c)(1), the Secretary of the military department concerned may authorize qualified institutions to employ, as administrators and instructors in the program, retired officers and noncommissioned officers who are in receipt of retired pay, and members of the Fleet Reserve and Fleet Marine Corps Reserve, whose qualifications are approved by the Secretary and the institution concerned and who request such employment, subject to the following:
(1) A retired member so employed is entitled to receive the members retired or retainer pay without reduction by reason of any additional amount paid to the member by the institution concerned. In the case of payment of any such additional amount by the institution concerned, the Secretary of the military department concerned shall pay to that institution the amount equal to one-half of the amount paid to the retired member by the institution for any period, up to a maximum of one-half of the difference between the members retired or retainer pay for that period and the active duty pay and allowances which the member would have received for that period if on active duty. Notwithstanding the limitation in the preceding sentence, the Secretary concerned may pay to the institution more than one-half of the additional amount paid to the retired member by the institution if (as determined by the Secretary) the institution is in an educationally and economically deprived area and the Secretary determines that such action is in the national interest. Payments by the Secretary concerned under this paragraph shall be made from funds appropriated for that purpose.
(2) Notwithstanding any other provision of law, such a retired member is not, while so employed, considered to be on active duty or inactive duty training for any purpose.
(e) Instead of, or in addition to, detailing officers and noncommissioned officers on active duty under subsection (c)(1) and authorizing the employment of retired officers and noncommissioned officers who are in receipt of retired pay and members of the Fleet Reserve and Fleet Marine Corps Reserve under subsection (d), the Secretary of the military department concerned may authorize qualified institutions to employ as administrators and instructors in the program officers and noncommissioned officers who are under 60 years of age and who, but for age, would be eligible for retired pay for non-regular service under section 12731 of this title and whose qualifications are approved by the Secretary and the institution concerned and who request such employment, subject to the following:
(1) The Secretary concerned shall pay to the institution an amount equal to one-half of the amount paid to the member by the institution for any period, up to a maximum of one-half of the difference between
(A) the retired or retainer pay for an active duty officer or noncommissioned officer of the same grade and years of service for such period; and
(B) the active duty pay and allowances which the member would have received for that period if on active duty.
(2) Notwithstanding the limitation in paragraph (1), the Secretary concerned may pay to the institution more than one-half of the amount paid to the member by the institution if (as determined by the Secretary)
(A) the institution is in an educationally and economically deprived area; and
(B) the Secretary determines that such action is in the national interest.
(3) Payments by the Secretary concerned under this subsection shall be made from funds appropriated for that purpose.
(4) Amounts may be paid under this subsection with respect to a member after the member reaches the age of 60.
(5) Notwithstanding any other provision of law, a member employed by a qualified institution pursuant to an authorization under this subsection is not, while so employed, considered to be on active duty or inactive duty training for any purpose.
(f) 
(1) When determined by the Secretary of the military department concerned to be in the national interest and agreed upon by the institution concerned, the institution may reimburse a Junior Reserve Officers Training Corps instructor for moving expenses incurred by the instructor to accept employment at the institution in a position that the Secretary concerned determines is hard-to-fill for geographic or economic reasons.
(2) As a condition on providing reimbursement under paragraph (1), the institution shall require the instructor to execute a written agreement to serve a minimum of two years of employment at the institution in the hard-to-fill position.
(3) Any reimbursement provided to an instructor under paragraph (1) is in addition to the minimum instructor pay otherwise payable to the instructor.
(4) The Secretary concerned shall reimburse an institution providing reimbursement to an instructor under paragraph (1) in an amount equal to the amount of the reimbursement paid by the institution under that paragraph. Any reimbursement provided by the Secretary concerned shall be provided from funds appropriated for that purpose.
(5) The provision of reimbursement under paragraph (1) or (4) shall be subject to regulations prescribed by the Secretary of Defense for purposes of this subsection.

10 USC 2032 - Responsibility of the Secretaries of the military departments to maximize enrollment and enhance efficiency

(a) Coordination.— 
The Secretary of each military department, in establishing, maintaining, transferring, and terminating Junior Reserve Officers Training Corps units under section 2031 of this title, shall do so in a coordinated manner that is designed to maximize enrollment in the Corps and to enhance administrative efficiency in the management of the Corps.
(b) Consideration of New School Openings and Consolidations.— 
In carrying out subsection (a), the Secretary of a military department shall take into consideration
(1) openings of new schools;
(2) consolidations of schools; and
(3) the desirability of continuing the opportunity for participation in the Corps by participants whose continued participation would otherwise be adversely affected by new school openings and consolidations of schools.

10 USC 2033 - Instructor qualifications

(a) In General.— 
In order for a retired officer or noncommissioned officer to be employed as an instructor in the program, the officer must be certified by the Secretary of the military department concerned as a qualified instructor in leadership, wellness and fitness, civics, and other courses related to the content of the program, according to the qualifications set forth in subsection (b)(2) or (c)(2), as appropriate.
(b) Senior Military Instructors.— 

(1) Role.— 
Senior military instructors shall be retired officers of the armed forces and shall serve as instructional leaders who oversee the program.
(2) Qualifications.— 
A senior military instructor shall have the following qualifications:
(A) Professional military qualification, as determined by the Secretary of the military department concerned.
(B) Award of a baccalaureate degree from an institution of higher learning.
(C) Completion of secondary education teaching certification requirements for the program as established by the Secretary of the military department concerned.
(D) Award of an advanced certification by the Secretary of the military department concerned in core content areas based on
(i) accumulated points for professional activities, services to the profession, awards, and recognitions;
(ii) professional development to meet content knowledge and instructional skills; and
(iii) performance evaluation of competencies and standards within the program through site visits and inspections.
(c) Non-Senior Military Instructors.— 

(1) Role.— 
Non-senior military instructors shall be retired noncommissioned officers of the armed forces and shall serve as instructional leaders and teach independently of, but share program responsibilities with, senior military instructors.
(2) Qualifications.— 
A non-senior military instructor shall demonstrate a depth of experience, proficiency, and expertise in coaching, mentoring, and practical arts in executing the program, and shall have the following qualifications:
(A) Professional military qualification, as determined by the Secretary of the military department concerned.
(B) Award of an associates degree from an institution of higher learning within five years of employment.
(C) Completion of secondary education teaching certification requirements for the program as established by the Secretary of the military department concerned.
(D) Award of an advanced certification by the Secretary of the military department concerned in core content areas based on
(i) accumulated points for professional activities, services to the profession, awards, and recognitions;
(ii) professional development to meet content knowledge and instructional skills; and
(iii) performance evaluation of competencies and standards within the program through site visits and inspections.

TITLE 10 - US CODE - CHAPTER 103 - SENIOR RESERVE OFFICERS TRAINING CORPS

10 USC 2101 - Definitions

In this chapter:
(1) The term program means the Senior Reserve Officers Training Corps of an armed force.
(2) The term member of the program means a student who is enrolled in the Senior Reserve Officers Training Corps of an armed force.
(3) The term advanced training means the training and instruction offered in the Senior Reserve Officers Training Corps to students enrolled in an advanced education program beyond the baccalaureate degree level or to students in the third and fourth years of a four-year Senior Reserve Officers Training Corps course, or the equivalent period of training in an approved two-year Senior Reserve Officers Training Corps course (except that, in the case of a student enrolled in an academic program which has been approved by the Secretary of the military department concerned and which requires more than four academic years for completion of baccalaureate degree requirements, including elective requirements of the Senior Reserve Officers Training Corps course, such term includes a fifth academic year or a combination of a part of a fifth academic year and summer sessions).

10 USC 2102 - Establishment

(a) For the purpose of preparing selected students for commissioned service in the Army, Navy, Air Force, or Marine Corps, the Secretary of each military department, under regulations prescribed by the President, may establish and maintain a Senior Reserve Officers Training Corps program, organized into one or more units, at any accredited civilian educational institution authorized to grant baccalaureate degrees, and at any school essentially military that does not confer baccalaureate degrees, upon the request of the authorities at that institution.
(b) No unit may be established or maintained at an institution unless
(1) the senior commissioned officer of the armed force concerned who is assigned to the program at that institution is given the academic rank of professor;
(2) the institution fulfills the terms of its agreement with the Secretary of the military department concerned; and
(3) the institution adopts, as a part of its curriculum, a four-year course of military instruction or a two-year course of advanced training of military instruction, or both, which the Secretary of the military department concerned prescribes and conducts.
(c) At those institutions where a unit of the program is established membership of students in the program shall be elective or compulsory as provided by State law or the authorities of the institution concerned.
(d) The President shall cause to be established and maintained in each State at least one unit of the program if
(1) a unit is requested by an educational institution in the State;
(2) such request is approved by the Governor of the State in which the institution requesting the unit is located; and
(3) the Secretary of the military department concerned determines that there will be not less than 40 students enrolled in such unit and that the provisions of this section are otherwise satisfied.

10 USC 2103 - Eligibility for membership

(a) To be eligible for membership in the program a person must be a student at an institution where a unit of the Senior Reserve Officers Training Corps is established. However, a student at an institution that does not have a unit of the Corps is eligible, if otherwise qualified, to be a member of a unit at another institution.
(b) Persons from foreign countries may be enrolled as members of the program when their enrollment is approved by the Secretary of the military department concerned under criteria approved by the Secretary of State.
(c) A medical, dental, pharmacy, veterinary, or sciences allied to medicine, student may be admitted to a unit of the program for a course of training consisting of 90 hours of instruction a year for four academic years.
(d) Under such conditions as the Secretary of the military department concerned may prescribe, a medical, dental, pharmacy, veterinary, or sciences allied to medicine, student who is a commissioned officer of a reserve component of an armed force may be admitted to and trained in a unit of the program.
(e) An educational institution at which a unit of the program has been established shall give priority for enrollment in the program to students who are eligible for advanced training under section 2104 of this title.

10 USC 2103a - Students not eligible for advanced training: commitment to military service

(a) Authority.— 
A member of the program who has completed successfully the first year of a four-year Senior Reserve Officers Training Corps course and who is not eligible for advanced training under section 2104 of this title and is not a cadet or midshipman appointed under section 2107 of this title may
(1) contract with the Secretary of the military department concerned, or the Secretarys designated representative, to serve for the period required by the program; and
(2) agree in writing to accept an appointment, if offered, as a commissioned officer in the Army, Navy, Air Force, or Marine Corps, as the case may be, and to serve in the armed forces for the period prescribed by the Secretary.
(b) Eligibility Requirements.— 
A member of the program may enter into a contract and agreement under this section (and receive a subsistence allowance under section 209 (c) of title 37) only if the person
(1) is a citizen of the United States;
(2) enlists in an armed force under the jurisdiction of the Secretary of the military department concerned for the period prescribed by the Secretary; and
(3) executes a certificate of loyalty in such form as the Secretary of Defense prescribes or take a loyalty oath as prescribed by the Secretary.
(c) Parental Consent for Minors.— 
A member of the program who is a minor may enter into a contract under subsection (a)(1) only with the consent of the members parent or guardian.

10 USC 2104 - Advanced training; eligibility for

(a) Advanced training shall be provided to eligible members of the program and, if the institution concerned so requests, to eligible applicants for membership in the program.
(b) To be eligible for continuation, or initial enrollment, in the program for advanced training, a person must
(1) be a citizen of the United States;
(2) be selected for advanced training under procedures prescribed by the Secretary of the military department concerned;
(3) enlist in an armed force under the jurisdiction of the Secretary of the military department concerned for the period prescribed by the Secretary;
(4) contract, with the consent of his parent or guardian if he is a minor, with the Secretary of the military department concerned, or his designated representative, to serve for the period required by the program;
(5) agree in writing that he will accept an appointment, if offered, as a commissioned officer in the Army, Navy, Air Force, or Marine Corps, as the case may be, and that he will serve in the armed forces for the period prescribed by the Secretary;
(6) either
(A) complete successfully
(i) the first two years of a four-year Senior Reserve Officers Training Corps course; or
(ii) field training or a practice cruise of a duration which is prescribed by the Secretary concerned as a preliminary requirement for admission to the advanced course; or
(B) at the discretion of the Secretary concerned, agree in writing to complete field training or a practice cruise, as prescribed by the Secretary concerned, within two years after admission to the advanced course; and
(7) execute a certificate of loyalty in such form as the Secretary of Defense prescribes or take a loyalty oath as prescribed by the Secretary.
(c) A member of the program who is ineligible under subsection (b) for advanced training shall be released from the program.
(d) This section does not apply to cadets and midshipmen appointed under section 2107, or foreign students enrolled under section 2103 (b), of this title.

10 USC 2105 - Advanced training; failure to complete or to accept commission

A member of the program who is selected for advanced training under section 2104 of this title, and who does not complete the course of instruction, or who completes the course but declines to accept a commission when offered, may be ordered to active duty by the Secretary of the military department concerned to serve in his enlisted grade or rating for such period of time as the Secretary prescribes but not for more than two years. If the member does not complete the period of active duty prescribed by the Secretary concerned, the member shall be subject to the repayment provisions of section 303a (e) of title 37.

10 USC 2106 - Advanced training; commission on completion

(a) Upon satisfactorily completing the academic and military requirements of the program of advanced training, a member of the program who was selected for advanced training under section 2104 of this title may be appointed as a regular or reserve officer in the appropriate armed force in the grade of second lieutenant or ensign, even though he is under 21 years of age.
(b) The date of rank of officers appointed under this section in May or June of any year is the date of graduation of cadets or midshipmen from the United States Military Academy, the United States Naval Academy, or the United States Air Force Academy, as the case may be, in that year. The Secretary of the military department concerned shall establish the date of rank of all other officers appointed under this section.
(c) In computing length of service for any purpose, an officer appointed under this section may not be credited with enlisted service for the period covered by his advanced training, other than any period of enlisted service performed on or after August 1, 1979, as a member of the Selected Reserve.

10 USC 2107 - Financial assistance program for specially selected members

(a) The Secretary of the military department concerned may appoint as a cadet or midshipman, as appropriate, in the reserve of an armed force under his jurisdiction any eligible member of the program who will be under 31 years of age on December 31 of the calendar year in which he is eligible under this section for appointment as an ensign in the Navy or as a second lieutenant in the Army, Air Force, or Marine Corps, as the case may be.
(b) To be eligible for appointment as a cadet or midshipman under this section a member must
(1) be a citizen or national of the United States;
(2) be specially selected for the financial assistance program under procedures prescribed by the Secretary of the military department concerned;
(3) enlist in the reserve component of the armed force in which he is appointed as a cadet or midshipmen for the period prescribed by the Secretary of the military department concerned;
(4) contract, with the consent of his parent or guardian if he is a minor, with the Secretary of the military department concerned, or his designated representative, to serve for the period required by the program; and
(5) agree in writing that, at the discretion of the Secretary of the military department concerned, he will
(A) 
(i) accept an appointment, if offered, as a commissioned officer in the Army, Navy, Air Force, or Marine Corps, as the case may be, and that, if he is commissioned as a regular officer and his regular commission is terminated before the sixth anniversary of his date of rank, he will accept an appointment, if offered, in the reserve component of that armed force and not resign before that anniversary or before such other date, not beyond the eighth anniversary of the midshipmans date of rank, that the Secretary of Defense may prescribe; and
(ii) serve on active duty for four or more years;
(B) 
(i) accept an appointment, if offered, as a commissioned officer in the Army, Navy, Air Force, or Marine Corps, as the case may be; and
(ii) serve in a reserve component of that armed force until the eighth anniversary of the receipt of such appointment, unless otherwise extended by subsection (d) of section 2108 of this title, under such terms and conditions as shall be prescribed by the Secretary of the military department concerned; or
(C) 
(i) accept an appointment, if offered, as a commissioned officer in the Army, Navy, Air Force, or Marine Corps, as the case may be; and
(ii) serve in a reserve component of that armed force until at least the sixth anniversary and, at the discretion of the Secretary of Defense, up to the eighth anniversary of the receipt of such appointment, unless such appointment is otherwise extended by subsection (d) of section 2108 of this title, under such terms and conditions as may be prescribed by the Secretary of the military department concerned.

The performance of service under clause (5)(B) or (5)(C) may include periods of active duty, active duty for training, and other service in an active or inactive status in the reserve component in which appointed, except that performance of service under clause (5)(C) shall include not less than two years of active duty.

(c) 
(1) The Secretary of the military department concerned may provide for the payment of all expenses in his department of administering the financial assistance program under this section, including tuition, fees, books, and laboratory expenses. In the case of a student enrolled in an academic program which has been approved by the Secretary of the military department concerned and which requires more than four academic years for completion of baccalaureate degree requirements, including elective requirements of the Senior Reserve Officers Training Corps course, financial assistance under this section may also be provided during a fifth academic year or during a combination of a part of a fifth academic year and summer sessions. At least 50 percent of the cadets and midshipmen appointed under this section must qualify for in-State tuition rates at their respective institutions and will receive tuition benefits at that rate.
(2) The Secretary of the military department concerned may provide financial assistance, as described in paragraph (1), to a student enrolled in an advanced education program beyond the baccalaureate degree level if the student also is a cadet or midshipman in an advanced training program. Not more than 15 percent of the total number of scholarships awarded under this section in any year may be awarded under this paragraph.
(3) In the case of a cadet or midshipman eligible to receive financial assistance under paragraph (1) or (2), the Secretary of the military department concerned may, in lieu of all or part of the financial assistance described in paragraph (1), provide financial assistance in the form of room and board expenses for the cadet or midshipman and other expenses required by the educational institution.
[(4) Repealed. Pub. L. 109–163, div. A, title V, 531(a)(1), Jan. 6, 2006, 119 Stat. 3247.]
(5) 
(A) The Secretary of the Army, under regulations and criteria established by the Secretary, may provide an individual who received a commission as a Reserve officer in the Army from a military junior college through a program under this chapter and who does not have a baccalaureate degree with financial assistance for pursuit of a baccalaureate degree.
(B) Such assistance is in addition to any financial assistance provided under paragraph (1) or (3).
(C) The agreement and reimbursement requirements established in section 2005 of this title are applicable to financial assistance under this paragraph.
(D) An officer receiving financial assistance under this paragraph shall be attached to a unit of the Army as determined by the Secretary and shall be considered to be a member of the Senior Reserve Officers Training Corps on inactive duty for training, as defined in section 101 (23) of title 38.
(E) A qualified officer who did not previously receive financial assistance under this section is eligible to receive educational assistance under this paragraph.
(F) A Reserve officer may not be called or ordered to active duty for a deployment while participating in the program under this paragraph.
(G) Any service obligation incurred by an officer under an agreement entered into under this paragraph shall be in addition to any service obligation incurred by that officer under any other provision of law or agreement.
(d) Upon satisfactorily completing the academic and military requirements of the four-year program, a cadet or midshipman may be appointed as a regular or reserve officer in the appropriate armed force in the grade of second lieutenant or ensign, even though he is under 21 years of age.
(e) The date of rank of officers appointed under this section in May or June of any year is the date of graduation of cadets or midshipmen from the United States Military Academy, the United States Naval Academy, or the United States Air Force Academy, as the case may be in that year. The Secretary of the military department concerned shall establish the date of rank of all other officers appointed under this section.
(f) A cadet or midshipman who does not complete the four-year course of instruction, or who completes the course but declines to accept a commission when offered, may be ordered to active duty by the Secretary of the military department concerned to serve in his enlisted grade or rating for such period of time as the Secretary prescribes but not for more than four years.
(g) In computing length of service for any purpose, an officer appointed under this section may not be credited with service either as a cadet or midshipman or concurrent enlisted service, other than concurrent enlisted service performed on or after August 1, 1979, as a member of the Selected Reserve.
(h) 
(1) The Secretary of Defense shall determine the number of cadets and midshipmen appointed under this section who may be in the financial assistance programs at any one time in each military department.
(2) Of the total number of cadets appointed in the financial assistance programs under this section in any year, not less than 100 shall be designated for placement in the program of the Army for service upon commissioning in the Army National Guard, of which one-half shall be for financial assistance awarded for a period of two years and the remainder shall be for financial assistance awarded for a period of four years. A cadet designated under this paragraph who, having initially contracted for service as provided in subsection (b)(5)(A) and having received financial assistance for two years under an award providing for four years of financial assistance under this section, modifies such contract with the consent of the Secretary of the Army to provide for service as described in subsection (b)(5)(B), may be counted, for the year in which the contract is modified, toward the number of appointments required under the preceding sentence for financial assistance awarded for a period of four years. A cadet who receives financial assistance under this paragraph and is commissioned in the Army National Guard shall perform service as provided in subsection (b)(5)(B) and may not be accepted for service on full-time active duty pursuant to the members voluntary application until the completion of the period of service prescribed in that subsection. The Secretary of the Army shall prescribe regulations to ensure a geographical distribution of the cadets who receive financial assistance under this paragraph.
(i) The Secretary of each military department shall seek to achieve an increase in the number of agreements entered into under this section so as to achieve an increase, by the 20062007 academic year, of not less than 400 in the number of cadets or midshipmen, as the case may be, enrolled under this section, compared to such number enrolled for the 20022003 academic year. In the case of the Secretary of the Navy, the Secretary shall seek to ensure that not less than one-third of such increase in agreements under this section are with students enrolled (or seeking to enroll) in programs of study leading to a baccalaureate degree in nuclear engineering or another appropriate technical, scientific, or engineering field of study.
(j) 
(1) Payment of financial assistance under this section for, and payment of a monthly subsistence allowance under section 209 of title 37 to, a cadet or midshipman appointed under this section may be suspended on the basis of health-related incapacity of the cadet or midshipman only in accordance with regulations prescribed under paragraph (2).
(2) The Secretary of Defense shall prescribe in regulations the policies and procedures for suspending payments under paragraph (1). The regulations shall apply uniformly to all of the military departments. The regulations shall include the following matters:
(A) The standards of health-related fitness that are to be applied.
(B) Requirements for
(i) the health-related condition and prognosis of a cadet or midshipman to be determined, in relation to the applicable standards prescribed under subparagraph (A), by a health care professional on the basis of a medical examination of the cadet or midshipman; and
(ii) the Secretary concerned to take into consideration the determinations made under clause (i) with respect to such condition in deciding whether to suspend payment in the case of such cadet or midshipman on the basis of that condition.
(C) A requirement for the Secretary concerned to transmit to a cadet or midshipman proposed for suspension under this subsection a notification of the proposed suspension together with the determinations made under subparagraph (B)(i) in the case of the proposed suspension.
(D) A procedure for a cadet or midshipman proposed for suspension under this subsection to submit a written response to the proposal for suspension, including any supporting information.
(E) Requirements for
(i) one or more health-care professionals to review, in the case of such a response of a cadet or midshipman, each health-related condition and prognosis addressed in the response, taking into consideration the matters submitted in such response; and
(ii) the Secretary concerned to take into consideration the determinations made under clause (i) with respect to such condition in making a final decision regarding whether to suspend payment in the case of such cadet or midshipman on the basis of that condition, and the conditions under which such suspension may be lifted.

10 USC 2107a - Financial assistance program for specially selected members: Army Reserve and Army National Guard

(a) 
(1) The Secretary of the Army may appoint as a cadet in the Army Reserve or Army National Guard of the United States any eligible member of the program who is enrolled in the Advanced Course of the Army Reserve Officers Training Corps at a military college, military junior college, or civilian institution and who will be under 31 years of age on December 31 of the calendar year in which he is eligible under this section for appointment as a second lieutenant in the Army Reserve or Army National Guard.
(2) To be considered a military college or military junior college for the purposes of this section, a school must be a civilian postsecondary educational institution essentially military in nature and meet such other requirements as the Secretary of the Army may prescribe. For purposes of this section, a military junior college does not confer a baccalaureate degree.
(b) 
(1) To be eligible for appointment as a cadet under this section, a member of the program must
(A) be a citizen or national of the United States;
(B) be specially selected for the financial assistance program under this section under procedures prescribed by the Secretary of the Army;
(C) enlist in a reserve component of the Army for the period prescribed by the Secretary of the Army;
(D) contract, with the consent of his parent or guardian if he is a minor, with the Secretary of the Army to serve for the period required by the program;
(E) agree in writing that he will accept an appointment, if offered, as a commissioned officer in the Army Reserve or the Army National Guard of the United States; and
(F) agree in writing that he will serve in a troop program unit of the Army Reserve or Army National Guard for not less than eight years.
(2) Performance of duty under an agreement under this subsection shall be under such terms and conditions as the Secretary of the Army may prescribe and may include periods of active duty, active duty for training, and other service in an active or inactive status in the reserve component in which appointed.
(3) 
(A) Subject to subparagraph (C), in the case of a person described in subparagraph (B), the Secretary may, at any time and with the consent of the person, modify an agreement described in paragraph (1)(F) submitted by the person for the purpose of reducing or eliminating the troop program unit service obligation specified in the agreement and to establish, in lieu of that obligation, an active duty service obligation.
(B) Subparagraph (A) applies with respect to the following persons:
(i) A cadet under this section at a military junior college.
(ii) A cadet or former cadet under this section who is selected under section 2114 of this title to be a medical student at the Uniformed Services University of the Health Sciences.
(iii) A cadet or former cadet under this section who signs an agreement under section 2122 of this title for participation in the Armed Forces Health Professions Scholarship and Financial Assistance program.
(C) The modification of an agreement described in paragraph (1)(F) may be made only if the Secretary determines that it is in the best interests of the United States to do so.
(c) 
(1) The Secretary of the Army shall provide for the payment of all expenses of the Department of the Army in administering the financial assistance program under this section, including the cost of tuition, fees, books, and laboratory expenses which are incurred by members of the program appointed as cadets under this section while such members are students at a military junior college.
(2) In the case of a cadet eligible to receive financial assistance under paragraph (1), the Secretary of the military department concerned may, in lieu of all or part of the financial assistance described in paragraph (1), provide financial assistance in the form of room and board expenses for such cadet and other expenses required by the educational institution.
[(3) Repealed. Pub. L. 109–163, div. A, title V, 531(b), Jan. 6, 2006, 119 Stat. 3247.]
(4) 
(A) The Secretary of the Army may provide an individual who received a commission as a Reserve officer in the Army from a military junior college through a program under this chapter and who does not have a baccalaureate degree with financial assistance for pursuit of a baccalaureate degree.
(B) Such assistance is in addition to any provided under paragraph (1) or (2).
(C) The agreement and reimbursement requirements established in section 2005 of this title are applicable to financial assistance under this paragraph.
(D) An officer receiving financial assistance under this paragraph shall be attached to a unit of the Army as determined by the Secretary and shall be considered to be a member of the Senior Reserve Officers Training Corps on inactive duty for training, as defined in section 101 (23) of title 38.
(E) A qualified officer who did not previously receive financial assistance under this section is eligible to receive educational assistance under this paragraph.
(F) A Reserve officer may not be called or ordered to active duty for a deployment while participating in the program under this paragraph.
(G) Any service obligation incurred by an officer under an agreement entered into under this paragraph shall be in addition to any service obligation incurred by that officer under any other provision of law or agreement.
(d) Upon satisfactorily completing the academic and military requirements of the program, a cadet may be appointed as a reserve officer in the Army in the grade of second lieutenant, even though he is under 21 years of age.
(e) The date of rank of officers appointed under this section in May or June of any year is the date of graduation of cadets from the United States Military Academy in that year. The Secretary of the Army shall establish the date of rank of all other officers appointed under this section.
(f) A cadet who does not complete the course of instruction, or who completes the course but declines to accept a commission when offered, or who does not complete a baccalaureate degree within five years after appointment as a cadet under this section, may be ordered to active duty by the Secretary of the Army to serve in his enlisted grade for such period of time as the Secretary prescribes but not for more than four years.
(g) In computing length of service for any purpose, an officer appointed under this section may not be credited with service as a cadet or with concurrent enlisted service, other than enlisted service performed after August 1, 1979, as a member of the Selected Reserve.
(h) The Secretary of the Army shall appoint each year under this section not less than 17 cadets at each military junior college at which there are not less than 17 members of the program eligible under subsection (b) for such an appointment. At any military junior college at which in any year there are fewer than 17 such members, the Secretary shall appoint each such member as a cadet under this section.
(i) Cadets appointed under this section are in addition to the number appointed under section 2107 of this title.
(j) Financial assistance provided under this section to a cadet appointed at a military junior college is designated as, and shall be known as, an Ike Skelton Early Commissioning Program Scholarship.

10 USC 2108 - Advanced standing; interruption of training; delay in starting obligated service; release from program

(a) The Secretary of the military department concerned may give to any enlisted member of an armed force under his jurisdiction, or any person who has served on active duty in any armed force, such advanced standing in the program as may be justified by his education and training.
(b) In determining a members eligibility for advanced training, the Secretary of the military department concerned may credit him with any military training that is substantially equivalent in kind to that prescribed for admission to advanced training and was received while he was taking a course of instruction in a program under the jurisdiction of another armed force or while he was on active duty in the armed forces.
(c) The Secretary of the military department concerned may excuse from a portion of the prescribed course of military instruction, including field training and practice cruises, any person found qualified on the basis of his previous education, military experience, or both.
(d) A person may become, remain, or be readmitted as, a member of the advanced training program after receiving a baccalaureate degree or completing pre-professional studies if he has not completed the course of military instruction or all field training or practice cruises prescribed by the Secretary of the military department concerned. If a member of the program has been accepted for resident graduate or professional study, the Secretary of the military department concerned may delay the commencement of that members obligated period of active duty, and any obligated period of active duty for training or other service in an active or inactive status in a reserve component, until the member has completed that study. If a cadet appointed under section 2107a of this title has been accepted for a course of study at an accredited civilian educational institution authorized to grant baccalaureate degrees, the Secretary of the Army may delay the beginning of that members obligated period of service in a reserve component until the member has completed such course of study.
(e) The Secretary of the military department concerned may, when he determines that the interest of the service so requires, release any person from the program and discharge him from his armed force.

10 USC 2109 - Practical military training

(a) For the further practical instruction of members of, and designated applicants for membership in, the program, the Secretary of the military department concerned may prescribe and conduct practical military training, in addition to field training and practice cruises prescribed under section 2104 (b)(6) of this title. The Secretary concerned may require that some or all of the training prescribed under this subsection must be completed by a member before the member is commissioned.
(b) The Secretary of the military department concerned, with respect to practical military training prescribed under this section and field training and practice cruises prescribed under section 2104 (b)(6) of this title, may
(1) transport members of, and designated applicants for membership in, the program to and from the places designated for such training or practice cruises and furnish them subsistence while traveling to and from those places, or, instead of furnishing them transportation and subsistence, pay them a travel allowance at the rate prescribed for cadets and midshipmen at the United States Military, Naval, and Air Force Academies for travel by the shortest usually traveled route from the places from which they are authorized to proceed to the place designated for the training or cruise and return, and pay the allowance for the return trip in advance;
(2) furnish medical attendance and supplies to members of, and designated applicants for membership in, the program while attending such training and practice cruises, and admit them to military hospitals;
(3) furnish subsistence, uniform clothing, and equipment to members of, and designated applicants for membership in, the program while attending such training or practice cruises or, instead of furnishing uniform clothing, pay them allowances at such rates as he may prescribe; and
(4) use any member of, and designated applicants for membership in, an armed force, or any employee of the department, under his jurisdiction, and such property of the United States as he considers necessary, for the training and administration of members of, and designated applicants for membership in, the program at the places designated for training or practice cruises.
(c) 
(1) A person who is not qualified for, and (as determined by the Secretary concerned) will not be able to become qualified for, advanced training by reason of one or more of the requirements prescribed in paragraphs (1) through (3) of section 2104 (b) of this title shall not be permitted to participate in
(A) field training or a practice cruise under section 2104 (b)(6) of this title; or
(B) practical military training under subsection (a).
(2) The Secretary of the military department concerned may waive the limitation in paragraph (1) under procedures prescribed by the Secretary. Such procedures shall ensure uniform application of limitations and restrictions without regard to the reason for disqualification for advanced training.

10 USC 2110 - Logistical support

(a) The Secretary of the military department concerned may issue to institutions having units of the program, or to the officers of the armed force concerned who are designated as accountable or responsible for such property
(1) supplies, means of transportation including aircraft, arms and ammunition, and military textbooks and educational materials; and
(2) uniform clothing, except that he may pay monetary allowances for uniform clothing at such rate as he may prescribe.
(b) The Secretary of the military department concerned may provide, or contract with civilian flying or aviation schools or educational institutions to provide, the personnel, aircraft, supplies, facilities, services, and instruction necessary for flight instruction and orientation for properly designated members of the program.
(c) The Secretary of the military department concerned may transport members of, and designated applicants for membership in, the program to and from installations when it is necessary for them to undergo medical or other examinations or for the purposes of making visits of observation. He may also furnish them subsistence, quarters, and necessary medical care, including hospitalization, while they are at, or traveling to or from, such an installation.
(d) The Secretary of the military department concerned may authorize members of, and designated applicants for membership in, the program to participate in aerial flights in military aircraft and in indoctrination cruises in naval vessels.
(e) The Secretary of the military department concerned may authorize such expenditures as he considers necessary for the efficient maintenance of the program.
(f) The Secretary of the military department concerned shall require, from each institution to which property is issued under subsection (a), a bond or other indemnity in such amount as he considers adequate, but not less than $5,000, for the care and safekeeping of all property so issued except uniforms, expendable articles, and supplies expended in operation, maintenance, and instruction. The Secretary may accept a bond without surety if the institution to which the property is issued furnishes to him satisfactory evidence of its financial responsibility.

10 USC 2111 - Personnel: administrators and instructors

The Secretary of the military department concerned may detail regular or reserve members of an armed force under his jurisdiction (including retired members and members of the Fleet Reserve and Fleet Marine Corps Reserve recalled to active duty with their consent) for instructional and administrative duties at educational institutions where units of the program are maintained.

10 USC 2111a - Support for senior military colleges

(a) Detail of Officers To Serve as Commandant or Assistant Commandant of Cadets.— 

(1) Upon the request of a senior military college, the Secretary of Defense may detail an officer on the active-duty list to serve as Commandant of Cadets at that college or (in the case of a college with an Assistant Commandant of Cadets) detail an officer on the active-duty list to serve as Assistant Commandant of Cadets at that college (but not both).
(2) In the case of an officer detailed as Commandant of Cadets, the officer may, upon the request of the college, be assigned from among the Professor of Military Science, the Professor of Naval Science (if any), and the Professor of Aerospace Science (if any) at that college or may be in addition to any other officer detailed to that college in support of the program.
(3) In the case of an officer detailed as Assistant Commandant of Cadets, the officer may, upon the request of the college, be assigned from among officers otherwise detailed to duty at that college in support of the program or may be in addition to any other officer detailed to that college in support of the program.
(b) Designation of Officers as Tactical Officers.— 
Upon the request of a senior military college, the Secretary of Defense may authorize officers (other than officers covered by subsection (a)) who are detailed to duty as instructors at that college to act simultaneously as tactical officers (with or without compensation) for the Corps of Cadets at that college.
(c) Detail of Officers.— 
The Secretary of a military department shall designate officers for detail to the program at a senior military college in accordance with criteria provided by the college. An officer may not be detailed to a senior military college without the approval of that college.
(d) Termination or Reduction of Program Prohibited.— 
The Secretary of Defense and the Secretaries of the military departments may not take or authorize any action to terminate or reduce a unit of the Senior Reserve Officers Training Corps at a senior military college unless the termination or reduction is specifically requested by the college.
(e) Assignment to Active Duty.— 

(1) The Secretary of the Army shall ensure that a graduate of a senior military college who desires to serve as a commissioned officer on active duty upon graduation from the college, who is medically and physically qualified for active duty, and who is recommended for such duty by the professor of military science at the college, shall be assigned to active duty.
(2) Nothing in this section shall be construed to prohibit the Secretary of the Army from requiring a member of the program who graduates from a senior military college to serve on active duty.
(f) Senior Military Colleges.— 
The senior military colleges are the following:
(1) Texas A&M University.
(2) Norwich University.
(3) The Virginia Military Institute.
(4) The Citadel.
(5) Virginia Polytechnic Institute and State University.
(6) North Georgia College and State University.

10 USC 2111b - Senior military colleges: Department of Defense international student program

(a) Program Requirement.— 
The Secretary of Defense shall establish a program to facilitate the enrollment and instruction of persons from foreign countries as international students at the senior military colleges.
(b) Purposes.— 
The purposes of the program shall be
(1) to provide a high-quality, cost-effective military-based educational experience for international students in furtherance of the military-to-military program objectives of the Department of Defense; and
(2) to enhance the educational experience and preparation of future United States military leaders through increased, extended interaction with highly qualified potential foreign military leaders.
(c) Coordination With the Senior Military Colleges.— 
Guidelines for implementation of the program shall be developed in coordination with the senior military colleges.
(d) Recommendations for Admission of Students Under the Program.— 
The Secretary of Defense shall annually identify to the senior military colleges the international students who, based on criteria established by the Secretary, the Secretary recommends be considered for admission under the program. The Secretary shall identify the recommended international students to the senior military colleges as early as possible each year to enable those colleges to consider them in a timely manner in their respective admissions processes.
(e) DOD Financial Support.— 
An international student who is admitted to a senior military college under the program under this section is responsible for the cost of instruction at that college. The Secretary of Defense may, from funds available to the Department of Defense other than funds available for financial assistance under section 2107a of this title, provide some or all of the costs of instruction for any such student.

TITLE 10 - US CODE - CHAPTER 104 - UNIFORMED SERVICES UNIVERSITY OF THE HEALTH SCIENCES

10 USC 2112 - Establishment

(a) There is hereby authorized to be established within 25 miles of the District of Columbia a Uniformed Services University of the Health Sciences (hereinafter in this chapter referred to as the University), at a site or sites to be selected by the Secretary of Defense, with authority to grant appropriate advanced degrees. It shall be so organized as to graduate not less than 100 medical students annually.
(b) Except as provided in subsection (a), the numbers of persons to be graduated from the University shall be prescribed by the Secretary of Defense. In so prescribing the number of persons to be graduated from the University, the Secretary of Defense shall institute actions necessary to ensure the maximum number of first-year enrollments in the University consistent with the academic capacity of the University and the needs of the uniformed services for medical personnel.
(c) The development of the University may be by such phases as the Secretary of Defense may prescribe subject to the requirements of subsection (a).

10 USC 2112a - Continued operation of University

(a) Closure Prohibited.— 
The University may not be closed.
(b) Personnel Strength.— 
During the five-year period beginning on October 1, 1996, the personnel staffing levels for the University may not be reduced below the personnel staffing levels for the University as of October 1, 1993.

10 USC 2113 - Administration of University

(a) The business of the University shall be conducted by the Secretary of Defense with funds appropriated for and provided by the Department of Defense.
(b) The Secretary shall appoint a President of the University (hereinafter in this chapter referred to as the President).
(c) 
(1) The Secretary, after considering the recommendations of the President, shall obtain the services of such military and civilian professors, instructors, and administrative and other employees as may be necessary to operate the University. Civilian members of the faculty and staff shall be employed under salary schedules and granted retirement and other related benefits prescribed by the Secretary (after due consideration by the Secretary) so as to place the employees of the University on a comparable basis with the employees of fully accredited schools of the health professions identified by the Secretary for purposes of this paragraph.
(2) The Secretary may confer academic titles, as appropriate, upon military and civilian members of the faculty.
(3) The military members of the faculty shall include a professor of military, naval, or air science as the Secretary may determine.
(4) The limitations in sections 5307 and 5373 of title 5 do not apply to the authority of the Secretary under paragraph (1) to prescribe salary schedules and other related benefits. In no event may the total amount of compensation paid to an employee under paragraph (1) in any year (including salary, allowances, differentials, bonuses, awards, and other similar cash payments) exceed the total amount of annual compensation (excluding expenses) specified in section 102 of title 3.
(d) The Secretary may negotiate agreements with agencies of the Federal Government to utilize on a reimbursable basis appropriate existing Federal medical resources located in or near the District of Columbia. Under such agreements the facilities concerned will retain their identities and basic missions. The Secretary may negotiate affiliation agreements with an accredited university or universities in or near the District of Columbia. Such agreements may include provisions for payments for educational services provided students participating in Department of Defense educational programs. The Secretary may enter into an agreement under which the University would become part of a national university of health sciences should such an institution be established in the vicinity of the District of Columbia.
(e) The Secretary of Defense may establish the following educational programs at the University:
(1) Postdoctoral, postgraduate, and technological institutes.
(2) A graduate school of nursing.
(3) Other schools or programs that the Secretary determines necessary in order to operate the University in a cost-effective manner.
(f) The Secretary shall also establish programs in continuing medical education for military members of the health professions to the end that high standards of health care may be maintained within the military medical services.
(g) 
(1) The Secretary also is authorized
(A) to enter into contracts with, accept grants from, and make grants to the Henry M. Jackson Foundation for the Advancement of Military Medicine established under section 178 of this title, or any other nonprofit">nonprofit entity, for the purpose of carrying out cooperative enterprises in medical research, medical consultation, and medical education;
(B) to make available to the Henry M. Jackson Foundation for the Advancement of Military Medicine, on such terms and conditions as the Secretary determines appropriate, such space, facilities, equipment, and support services within the University as the Secretary considers necessary to accomplish cooperative enterprises undertaken by such Foundation and the University;
(C) to enter into contracts with the Henry M. Jackson Foundation for the Advancement of Military Medicine under which the Secretary may furnish the services of such professional, technical, or clerical personnel as may be necessary to fulfill cooperative enterprises undertaken by such foundation and the University;
(D) to accept, hold, administer, invest, and spend any gift, devise, or bequest of personal property made to the University, including any gift, devise, or bequest for the support of an academic chair, teaching, research, or demonstration project;
(E) to enter into agreements with the Henry M. Jackson Foundation for the Advancement of Military Medicine, or with any other nonprofit">nonprofit entity, under which scientists or other personnel of the Foundation or other entity may be utilized by the University for the purpose of enhancing the activities of the University in education, research, and technological applications of knowledge; and
(F) to accept the voluntary services of guest scholars and other persons.
(2) The Secretary may not enter into any contract with the Henry M. Jackson Foundation for the Advancement of Military Medicine, or with any other entity, if the contract would obligate the University to make outlays in advance of the enactment of budget authority for such outlays.
(3) Scientists or other medical personnel utilized by the University under an agreement described in clause (E) of paragraph (1) may be appointed to any position within the University and may be permitted to perform such duties within the University as the Secretary may approve.
(4) A person who provides voluntary services under the authority of clause (F) of paragraph (1) shall be considered to be an employee of the Federal Government for the purposes of chapter 81 of title 5, relating to compensation for work-related injuries, and to be an employee of the Federal Government for the purposes of chapter 171 of title 28, relating to tort claims. Such a person who is not otherwise employed by the Federal Government shall not be considered to be a Federal employee for any other purpose by reason of the provision of such services.

10 USC 2113a - Board of Regents

(a) In General.— 
To assist the Secretary of Defense in an advisory capacity, there is a Board of Regents of the University.
(b) Membership.— 
The Board shall consist of
(1) nine persons outstanding in the fields of health and health education who shall be appointed from civilian life by the Secretary of Defense;
(2) the Secretary of Defense, or his designee, who shall be an ex officio member;
(3) the surgeons general of the uniformed services, who shall be ex officio members; and
(4) the President of the University, who shall be a nonvoting ex officio member.
(c) Term of Office.— 
The term of office of each member of the Board (other than ex officio members) shall be six years except that
(1) any member appointed to fill a vacancy occurring before the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term; and
(2) any member whose term of office has expired shall continue to serve until his successor is appointed.
(d) Chairman.— 
One of the members of the Board (other than an ex officio member) shall be designated by the Secretary as Chairman. He shall be the presiding officer of the Board.
(e) Compensation.— 
Members of the Board (other than ex officio members) while attending conferences or meetings or while otherwise performing their duties as members shall be entitled to receive compensation at a rate to be fixed by the Secretary and shall also be entitled to receive an allowance for necessary travel expenses while so serving away from their place of residence.
(f) Meetings.— 
The Board shall meet at least once a quarter.

10 USC 2114 - Students: selection; status; obligation

(a) Medical students at the University shall be selected under procedures prescribed by the Secretary of Defense. In so prescribing, the Secretary shall consider the recommendations of the Board. However, selection procedures prescribed by the Secretary of Defense shall emphasize the basic requirement that students demonstrate sincere motivation and dedication to a career in the uniformed services (as defined in section 1072 (1) of this title).
(b) 
(1) Medical students shall be commissioned officers of a uniformed service as determined under regulations prescribed by the Secretary of Defense after consulting with the Secretary of Health and Human Services. They shall be appointed as regular officers in the grade of second lieutenant or ensign and shall serve on active duty in that grade.
(2) If a member of the uniformed services selected to be a student has prior active service in a pay grade and with years of service credited for pay that would entitle the member, if the member remained in the former grade, to a rate of basic pay in excess of the rate of basic pay for regular officers in the grade of second lieutenant or ensign, the member shall be paid basic pay based on the former grade and years of service credited for pay. The amount of such basic pay for the member shall be increased on January 1 of each year by the percentage by which basic pay is increased on average on that date for that year, and the member shall continue to receive basic pay based on the former grade and years of service until the date, whether occurring before or after graduation, on which the basic pay for the member in the members actual grade and years of service credited for pay exceeds the amount of basic pay to which the member is entitled based on the members former grade and years of service.
(c) Medical students who graduate shall be required to serve on active duty unless they are covered by section 2115 of this title. Medical students who graduate shall be required, except as provided in section 2115 of this title, to serve thereafter on active duty under such regulations as the Secretary of Defense or the Secretary of Health and Human Services, as appropriate, may prescribe for not less than seven years, unless sooner released. Upon completion of, or release from, the active-duty service obligation, a member of the program who served on active-duty for less than 10 years shall serve in the Ready Reserve for the period specified in the following table: Period of Service Ready Reserve on Active Duty Obligation Less than 8 years 6 years 8 years or more, but less than 9 4 years 9 years or more, but less than 10 2 years The service credit exclusions specified in section 2126 of this title shall apply to students covered by this section.
(d) A period of time spent in military intern or residency training shall not be creditable in satisfying a commissioned service obligation imposed by this section.
(e) A medical student who, under regulations prescribed by the Secretary of Defense, is dropped from the program for deficiency in conduct or studies, or for other reasons, may be required to perform active duty in an appropriate military capacity in accordance with the active duty obligation imposed by this section. In no case shall any such student be required to serve on active duty for any period in excess of a period equal to the period he participated in the program, except that in no case may any such student be required to serve on active duty less than one year.
(f) 
(1) The Secretary of Defense may enter into agreements with foreign military medical schools for reciprocal education programs under which students at the University receive specialized military medical instruction at the foreign military medical school and military medical personnel of the country of such medical school receive specialized military medical instruction at the University. Any such agreement may be made on a reimbursable basis or a nonreimbursable basis.
(2) Not more than 40 persons at any one time may receive instruction at the University under this subsection. Attendance of such persons at the University may not result in a decrease in the number of students enrolled in the University. Subsection (b) does not apply to students receiving instruction under this subsection.
(3) The President of the University, with the approval of the Secretary of Defense, shall determine the countries from which persons may be selected to receive instruction under this subsection and the number of persons that may be selected from each country. The President may establish qualifications and methods of selection and shall select those persons who will be permitted to receive instruction at the University. The qualifications established shall be comparable to those required of United States citizens.
(4) Each foreign country from which a student is permitted to receive instruction at the University under this subsection shall reimburse the United States for the cost of providing such instruction, unless such reimbursement is waived by the Secretary of Defense. The Secretary of Defense shall prescribe the rates for reimbursement under this paragraph.
(5) Except as the President determines, a person receiving instruction at the University under this subsection is subject to the same regulations governing attendance, discipline, discharge, and dismissal as a student enrolled in the University. The Secretary may prescribe regulations with respect to access to classified information by a person receiving instruction under this subsection that differ from the regulations that apply to a student enrolled in the University.
(g) In this section, the term commissioned service obligation means, with respect to an officer who is a graduate of the University, the period beginning on the date of the appointment of the officer in a regular component after graduation and ending on the tenth anniversary of that appointment.
(h) The Secretary of Defense shall establish such selection procedures, service obligations, and other requirements as the Secretary considers appropriate for graduate students (other than medical students) in a postdoctoral, postgraduate, or technological institute established pursuant to section 2113 (e) of this title.
(i) A graduate of the University who is relieved of the graduates active-duty service obligation under subsection (c) before the completion of that active-duty service obligation may be given, with or without the consent of the graduate, an alternative obligation in the same manner as provided in subparagraphs (A) and (B) of paragraph (1) of section 2123 (e) of this title or paragraph (2) of such section for members of the Armed Forces Health Professions Scholarship and Financial Assistance program.

10 USC 2115 - Graduates: limitation on number permitted to perform civilian Federal service

The Secretary of Defense may allow not more than 20 percent of the graduates of each class at the University to perform civilian Federal service for not less than seven years following the completion of their professional education in lieu of active duty in a uniformed service if the needs of the uniformed services do not require that such graduates perform active duty in a uniformed service and as long as the Secretary of Defense does not recall such persons to active duty in the uniformed services. Such persons who execute an agreement in writing to perform such civilian Federal service may be released from active duty following the completion of their professional education. The location and type of their duty shall be determined by the Secretary of Defense after consultation with the heads of Federal agencies concerned.

10 USC 2116 - Military nursing research

(a) Definitions.— 
In this section:
(1) The term military nursing research means research on the furnishing of care and services by nurses in the armed forces.
(2) The term TriService Nursing Research Program means the program of military nursing research authorized under this section.
(b) Program Authorized.— 
The Secretary of Defense may establish at the University a program of military nursing research.
(c) TriService Research Group.— 
The TriService Nursing Research Program shall be administered by a TriService Nursing Research Group composed of Army, Navy, and Air Force nurses who are involved in military nursing research and are designated by the Secretary concerned to serve as members of the group.
(d) Duties of Group.— 
The TriService Nursing Research Group shall
(1) develop for the Department of Defense recommended guidelines for requesting, reviewing, and funding proposed military nursing research projects; and
(2) make available to Army, Navy, and Air Force nurses and Department of Defense officials concerned with military nursing research
(A) information about nursing research projects that are being developed or carried out in the Army, Navy, and Air Force; and
(B) expertise and information beneficial to the encouragement of meaningful nursing research.
(e) Research Topics.— 
For purposes of this section, military nursing research includes research on the following issues:
(1) Issues regarding how to improve the results of nursing care and services provided in the armed forces in time of peace.
(2) Issues regarding how to improve the results of nursing care and services provided in the armed forces in time of war.
(3) Issues regarding how to prevent complications associated with battle injuries.
(4) Issues regarding how to prevent complications associated with the transporting of patients in the military medical evacuation system.
(5) Issues regarding how to improve methods of training nursing personnel.
(6) Clinical nursing issues, including such issues as prevention and treatment of child abuse and spouse abuse.
(7) Womens health issues.
(8) Wellness issues.
(9) Preventive medicine issues.
(10) Home care management issues.
(11) Case management issues.

10 USC 2117 - School of Nursing

(a) Establishment Authorized.— 
The Secretary of Defense may establish a School of Nursing within the University. The School of Nursing may include a program that awards a bachelor of science in nursing.
(b) Phased Development.— 
The School of Nursing may be developed in phases as determined appropriate by the Secretary.

TITLE 10 - US CODE - CHAPTER 105 - ARMED FORCES HEALTH PROFESSIONS FINANCIAL ASSISTANCE PROGRAMS

TITLE 10 - US CODE - SUBCHAPTER I - HEALTH PROFESSIONS SCHOLARSHIP AND FINANCIAL ASSISTANCE PROGRAM FOR ACTIVE SERVICE

10 USC 2120 - Definitions

In this subchapter:
(1) The term program means the Armed Forces Health Professions Scholarship and Financial Assistance program provided for in this subchapter.
(2) The term member of the program means a person appointed a commissioned officer in a reserve component of the armed forces who is enrolled in the Armed Forces Health Professions Scholarship and Financial Assistance program.
(3) The term course of study means education received at an accredited college, university, or institution in medicine, dentistry, or other health profession, leading, respectively, to a degree related to the health professions as determined under regulations prescribed by the Secretary of Defense.
(4) The term specialized training means advanced training in a health professions specialty received in an accredited program that is beyond the basic education required for appointment as a commissioned officer with a designation as a health professional.

10 USC 2121 - Establishment

(a) For the purpose of obtaining adequate numbers of commissioned officers on active duty who are qualified in the various health professions, the Secretary of each military department, under regulations prescribed by the Secretary of Defense, may establish and maintain a health professions scholarship and financial assistance program for his department.
(b) The program shall consist of courses of study and specialized training in designated health professions, with obligatory periods of military training.
(c) 
(1) Persons participating in the program shall be commissioned officers in reserve components of the armed forces. Members pursuing a course of study shall serve on active duty in pay grade O1 with full pay and allowances of that grade for a period of 45 days during each year of participation in the program. Members pursuing specialized training shall serve on active duty in a pay grade commensurate with their educational level, as determined by appointment under section 12207 of this title, with full pay and allowances of that grade for a period of 14 days during each year of participation in the program. They shall be detailed as students at accredited civilian institutions, located in the United States or Puerto Rico, for the purpose of acquiring knowledge or training in a designated health profession. In addition, members of the program shall, under regulations prescribed by the Secretary of Defense, receive military and professional training and instruction.
(2) If a member of the uniformed services selected to participate in the program as a medical student has prior active service in a pay grade and with years of service credited for pay that would entitle the member, if the member remained in the former grade, to a rate of basic pay in excess of the rate of basic pay for regular officers in the grade of second lieutenant or ensign, the member shall be paid basic pay based on the former grade and years of service credited for pay. The amount of such basic pay for the member shall be increased on January 1 of each year by the percentage by which basic pay is increased on average on that date for that year, and the member shall continue to receive basic pay based on the former grade and years of service until the date, whether occurring before or after the conclusion of such participation, on which the basic pay for the member in the members actual grade and years of service credited for pay exceeds the amount of basic pay to which the member is entitled based on the members former grade and years of service.
(d) Except when serving on active duty pursuant to subsection (c), a member of the program shall be entitled to a stipend at a monthly rate established by the Secretary of Defense, but not to exceed a total of $30,000 per year. The maximum annual amount of the stipend shall be increased annually by the Secretary of Defense effective on July 1 of each year by an amount (rounded to the next highest multiple of $1) equal to
(1) the amount of such stipend (as previously adjusted (if at all)), multiplied by
(2) the overall percentage of the adjustment (if such adjustment is an increase) in the rates of basic pay for members of the uniformed services made effective for the fiscal year in which the school year ends.

10 USC 2122 - Eligibility for participation

(a) To be eligible for participation as a member of the program, a person must be a citizen of the United States and must
(1) be accepted for admission to, or enrolled in, an institution in a course of study or selected to receive specialized training;
(2) sign an agreement that unless sooner separated he will
(A) complete the educational phase of the program;
(B) accept an appropriate reappointment or designation within his military service, if tendered, based upon his health profession, following satisfactory completion of the program;
(C) participate in the intern program of his service if selected for such participation;
(D) participate in the residency program of his service, if selected, or be released from active duty for the period required to undergo civilian residency if selected for such training; and
(E) because of his sincere motivation and dedication to a career in the uniformed services, participate in military training while he is in the program, under regulations prescribed by the Secretary of Defense; and
(3) meet the requirements for appointment as a commissioned officer.
(b) The Secretary of Defense may require, as part of the agreement under subsection (a)(2), that a person must agree to accept, if offered, residency training in a health profession skill which has been designated by the Secretary as a critically needed wartime skill.

10 USC 2123 - Members of the program: active duty obligation; failure to complete training; release from program

(a) A member of the program incurs an active duty obligation. The amount of his obligation shall be determined under regulations prescribed by the Secretary of Defense, but those regulations may not provide for a period of obligation of less than one year for each year of participation in the program.
(b) A period of time spent in military intern or residency training shall not be creditable in satisfying an active duty obligation imposed by this section.
(c) A member of the program who, under regulations prescribed by the Secretary of Defense, is dropped from the program for deficiency in conduct or studies, or for other reasons, may be required to perform active duty in an appropriate military capacity in accordance with the active duty obligation imposed by this section.
(d) The Secretary of a military department, under regulations prescribed by the Secretary of Defense, may relieve a member of the program who is dropped from the program from an active duty obligation imposed by this section, but such relief shall not relieve him from any military obligation imposed by any other law.
(e) 
(1) A member of the program who is relieved of the members active duty obligation under this subchapter before the completion of that active duty obligation may be given, with or without the consent of the member, any of the following alternative obligations, as determined by the Secretary of the military department concerned:
(A) A service obligation in another armed force for a period of time not less than the members remaining active duty service obligation.
(B) A service obligation in a component of the Selected Reserve for a period not less than twice as long as the members remaining active duty service obligation.
(C) Repayment to the Secretary of Defense of a percentage of the total cost incurred by the Secretary under this subchapter on behalf of the member pursuant to the repayment provisions of section 303a (e) of title 37.
(2) In addition to the alternative obligations specified in paragraph (1), if the member is relieved of an active duty obligation by reason of the separation of the member because of a physical disability, the Secretary of the military department concerned may give the member a service obligation as a civilian employee employed as a health care professional in a facility of the uniformed services for a period of time equal to the members remaining active duty service obligation.
(3) The Secretary of Defense shall prescribe regulations describing the manner in which an alternative obligation may be given under this subsection.

10 USC 2124 - Members of the program: numbers appointed

The number of persons who may be designated as members of the program for training in each health profession shall be as prescribed by the Secretary of Defense, except that the total number of persons so designated may not, at any time, exceed 6,000.

10 USC 2125 - Members of the program: exclusion from authorized strengths

Notwithstanding any other provision of law, members of the program shall not be counted against any prescribed military strengths.

10 USC 2126 - Members of the program: service credit

(a) Service Not Creditable.— 
Except as provided in subsection (b), service performed while a member of the program shall not be counted
(1) in determining eligibility for retirement other than by reason of a physical disability incurred while on active duty as a member of the program; or
(2) in computing years of service creditable under section 205 of title 37.
(b) Service Creditable for Certain Purposes.— 

(1) The Secretary concerned may authorize service performed by a member of the program in pursuit of a course of study under this subchapter to be counted in accordance with this subsection if the member
(A) completes the course of study;
(B) completes the active duty obligation imposed under section 2123 (a) of this title; and
(C) possesses a specialty designated by the Secretary concerned as critically needed in wartime.
(2) Service credited under paragraph (1) counts only for the award of retirement points for computation of years of service under section 12732 of this title and for computation of retired pay under section 12733 of this title.
(3) The number of points credited to a member under paragraph (1) for a year of participation in a course of study is 50. The points shall be credited to the member for one of the years of that participation at the end of each year after the completion of the course of study that the member serves in the Selected Reserve and is credited under section 12732 (a)(2) of this title with at least 50 points. The points credited for the participation shall be recorded in the members records as having been earned in the year of the participation in the course of study.
(4) Service may not be counted under paragraph (1) for more than four years of participation in a course of study as a member of the program.
(5) A member of the Selected Reserve may be considered to be in an active status while pursuing a course of study under this subchapter only for purposes of sections 12732 (a) and 12733 (3) of this title.
(6) A member is not entitled to any retroactive award of, or increase in, pay or allowances under title 37 by reason of an award of service credit under paragraph (1).

10 USC 2127 - Scholarships and financial assistance: payments

(a) The Secretary of Defense may provide for the payment of all educational expenses incurred by a member of the program, including tuition, fees, books, and laboratory expenses. Such payments, however, shall be limited to those educational expenses normally incurred by students at the institution and in the health profession concerned who are not members of the program.
(b) The Secretary of Defense may contract with an accredited civilian educational institution for the payment of tuition and other educational expenses of members of the program authorized by this subchapter. Payment to such institutions may be made without regard to subsections (a) and (b) of section 3324 of title 31.
(c) Payments made under subsection (b) shall not cover any expenses other than those covered by subsection (a).
(d) When the Secretary of Defense determines, under regulations prescribed by the Secretary of Health and Human Services, that an accredited civilian educational institution has increased its total enrollment for the sole purpose of accepting members of the program covered by this subchapter, he may provide under a contract with such an institution for additional payments to cover the portion of the increased costs of the additional enrollment which are not covered by the institutions normal tuition and fees.
(e) A person participating as a member of the program in specialized training shall be paid an annual grant of[1] in an amount not to exceed $45,000 in addition to the stipend under section 2121 (d) of this title. The maximum amount of the grant shall be increased annually by the Secretary of Defense, effective July 1 of each year, in the same manner as provided for stipends.
[1] So in original. The word “of” probably should not appear.

10 USC 2128 - Accession bonus for members of the program

(a) Availability of Bonus.— 
The Secretary of Defense may offer a person who enters into an agreement under section 2122 (a)(2) of this title an accession bonus of not more than $20,000 as part of the agreement.
(b) Relation to Other Payments.— 
An accession bonus paid a person under this section is in addition to any other amounts payable to the person under this subchapter.
(c) Repayment.— 
A person who receives an accession bonus under this section, but fails to comply with the agreement under section 2122 (a)(2) of this title or to commence or complete the active duty obligation imposed by section 2123 of this title, shall be subject to the repayment provisions of section 303a (e) of title 37.

TITLE 10 - US CODE - SUBCHAPTER II - NURSE OFFICER CANDIDATE ACCESSION PROGRAM

10 USC 2130a - Financial assistance: nurse officer candidates

(a) Bonus Authorized.— 

(1) A person described in subsection (b) who, during the period beginning on November 29, 1989, and ending on December 31, 2009, executes a written agreement in accordance with subsection (c) to accept an appointment as a nurse officer may, upon the acceptance of the agreement by the Secretary concerned, be paid an accession bonus of not more than $20,000. The bonus shall be paid in periodic installments, as determined by the Secretary concerned at the time the agreement is accepted, except that the first installment may not exceed $10,000.
(2) In addition to the accession bonus payable under paragraph (1), a person selected under such paragraph shall be entitled to a monthly stipend in an amount not to exceed the stipend rate in effect under section 2121 (d) of this title for each month the individual is enrolled as a full-time student in an accredited baccalaureate degree program in nursing at a civilian educational institution by the Secretary selecting the person. The continuation bonus may be paid for not more than 24 months.
(b) Eligible Students.— 
A person eligible to enter into an agreement under subsection (a) is a person who
(1) is enrolled as a full-time student in an accredited baccalaureate degree program in nursing at a civilian educational institution that does not have a Senior Reserve Officers Training Program established under section 2102 of this title by the Secretary selecting the person or that has a Senior Reserve Officers Training Program for which the student is ineligible;
(2) has completed the second year of an accredited baccalaureate degree program in nursing and has more than 6 months of academic work remaining before graduation; and
(3) meets the qualifications for appointment as an officer of a reserve component of the Army, Navy, or Air Force as set forth in section 12201 of this title or, in the case of the Public Health Service, section 207 of the Public Health Service Act (42 U.S.C. 209) and the regulations of the Secretary concerned.
(c) Required Agreement.— 
The agreement referred to in subsection (a) shall provide that the person executing the agreement agrees to the following:
(1) That the person will complete the nursing degree program described in subsection (b)(1).
(2) That, upon acceptance of the agreement by the Secretary concerned, the person will enlist in a reserve component of an armed force.
(3) That the person will accept an appointment as an officer in the Nurse Corps of the Army or the Navy or as an officer designated as a nurse officer in the Air Force or commissioned corps of the Public Health Service, as the case may be, upon graduation from the nursing degree program.
(4) That the person will serve on active duty as such an officer
(A) for a period of 4 years in the case of a person whose agreement was accepted by the Secretary concerned during that persons fourth year of the nursing degree program; or
(B) for a period of 5 years in the case of a person whose agreement was accepted by the Secretary concerned during that persons third year of the nursing degree program.
(d) Repayment.— 
A person who does not complete a nursing degree program in which the person is enrolled in accordance with the agreement entered into under subsection (a), or having completed the nursing degree program, does not become an officer in the Nurse Corps of the Army or the Navy or an officer designated as a nurse officer of the Air Force or commissioned corps of the Public Health Service or does not complete the period of obligated active service required under the agreement, shall be subject to the repayment provisions of section 303a (e) of title 37.
(e) Regulations.— 
The Secretaries concerned shall prescribe regulations to carry out this section.

TITLE 10 - US CODE - CHAPTER 106 - EDUCATIONAL ASSISTANCE FOR MEMBERS OF THE SELECTED RESERVE

10 USC 2131 - Reference to chapter 1606

Provisions of law relating to educational assistance for members of the Selected Reserve under the Montgomery GI Bill program are set forth in chapter 1606 of this title (beginning with section 16131).

10 USC 2132 - Renumbered 16132]

10 USC 2133 - Renumbered 16133]

10 USC 2134 - Renumbered 16134]

10 USC 2135 - Renumbered 16135]

10 USC 2136 - Renumbered 16136]

10 USC 2137 - Renumbered 16137]

10 USC 2138 - Savings provision

A member who entered into an agreement under this chapter before July 1, 1985, shall continue to be eligible for educational assistance in accordance with the terms of such agreement and of this chapter as in effect before such date.

TITLE 10 - US CODE - CHAPTER 106A - EDUCATIONAL ASSISTANCE FOR PERSONS ENLISTING FOR ACTIVE DUTY

10 USC 2141 - Educational assistance program: establishment

(a) To encourage enlistments and reenlistments for service on active duty in the armed forces, the Secretary of each military department may establish a program in accordance with this chapter to provide educational assistance to persons enlisting or reenlisting in an armed force under his jurisdiction. The costs of any such program shall be borne by the Department of Defense, and a person participating in any such program may not be required to make any contribution to the program.
(b) The Secretary of Defense shall prescribe regulations for the administration of this chapter. Such regulations shall take account of the differences among the several armed forces.
(c) In this chapter, the term enlistment means original enlistment or reenlistment.

10 USC 2142 - Educational assistance program: eligibility

(a) 
(1) A program of educational assistance established under this chapter shall provide that any person enlisting or reenlisting in an armed force under the jurisdiction of the Secretary of the military department concerned who meets the eligibility requirements established by the Secretary in accordance with subsection (b) shall, subject to paragraph (3), become entitled to educational assistance under section 2143 of this title at the time of such enlistment.
(2) The period of educational assistance to which such a person becomes entitled is one standard academic year (or the equivalent) for each year of the enlistment of such person, up to a maximum of four years. However, if the person is discharged or otherwise released from active duty after completing two years of the term of such enlistment but before completing the full term of such enlistment (or before completing four years of such term, in the case of an enlistment of more than four years), then the period of educational assistance to which the person is entitled is one standard academic year (or the equivalent) for each year of active service of such person during such term. For the purposes of the preceding sentence, a portion of a year of active service shall be rounded to the nearest month and shall be prorated to a standard academic year.
(3) 
(A) A member who is discharged or otherwise released from active duty before completing two years of active service of an enlistment which is the basis for entitlement to educational assistance under this chapter or who is discharged or otherwise released from active duty under other than honorable conditions is not entitled to educational assistance under this chapter.
(B) Entitlement to educational assistance under this chapter may not be used until a member has completed two years of active service of the enlistment which is the basis for entitlement to such educational assistance.
(b) In establishing requirements for eligibility for an educational assistance program under this chapter, the Secretary concerned shall limit eligibility to persons who
(1) enlist or reenlist for service on active duty as a member of the Army, Navy, Air Force, or Marine Corps after September 30, 1980, and before October 1, 1981;
(2) are graduates from a secondary school; and
(3) meet such other requirements as the Secretary may consider appropriate for the purposes of this chapter and the needs of the armed forces.

10 USC 2143 - Educational assistance: amount

(a) Subject to subsection (b), an educational assistance program established under section 2141 of this title shall provide for payment by the Secretary concerned of educational expenses incurred for instruction at an accredited institution by a person entitled to such assistance under this chapter. Expenses for which payment may be made under this section include tuition, fees, books, laboratory fees, and shop fees for consumable materials used as part of classroom or laboratory instruction. Payments under this section shall be limited to those educational expenses normally incurred by students at the institution involved.
(b) 
(1) The Secretary concerned shall establish the amount of educational assistance for a standard academic year (or the equivalent) to which a person becomes entitled under this chapter at the time of an enlistment described in section 2142 of this title. Depending on the needs of the service, different amounts may be established for different categories of persons or enlistments. The amount of educational assistance to which any person is entitled shall be adjusted in accordance with section 2145 of this title.
(2) The amount of educational assistance which may be provided to any person for a standard academic year (or the equivalent) may not exceed $1,200, adjusted in accordance with section 2145 of this title.
(c) In this section, the term accredited institution means a civilian college or university or a trade, technical, or vocational school in the United States (including the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands) that provides education at the postsecondary level and that is accredited by a nationally recognized accrediting agency or association or by an accrediting agency or association recognized by the Secretary of Education.

10 USC 2144 - Subsistence allowance

(a) Subject to subsection (b), a person entitled to educational assistance under this chapter is entitled to receive a monthly subsistence allowance during any period for which educational assistance is provided such person. The amount of a subsistence allowance under this section is $300 per month, adjusted in accordance with section 2145 of this title, in the case of a person pursuing a course of instruction on a full-time basis and is one-half of such amount (as so adjusted) in the case of a person pursuing a course of instruction on less than a full-time basis.
(b) The number of months for which a subsistence allowance may be provided to any person under this section is computed on the basis of nine months for each standard academic year of educational assistance to which such person is entitled.
(c) For purposes of subsection (a), a person shall be considered to be pursuing a course of instruction on a full-time basis if the person is enrolled in twelve or more semester hours of instruction (or the equivalent, as determined by Secretary concerned).

10 USC 2145 - Adjustments of amount of educational assistance and of subsistence allowance

(a) Once each year, the Secretary of Defense shall adjust the amount of educational assistance which may be provided to any person in any standard academic year under section 2143 of this title, and the amount of the subsistence allowance authorized under section 2144 of this title for pursuit of a course of instruction on a full-time basis, in a manner consistent with the change over the preceding twelve-month period in the average actual cost of attendance at public institutions of higher education.
(b) In this section, the term actual cost of attendance has the meaning given the term cost of attendance by section 472 of the Higher Education Act of 1965 (20 U.S.C. 1087ll).

10 USC 2146 - Right of member upon subsequent reenlistment to lump-sum payment in lieu of educational assistance

(a) A member who is entitled to educational assistance under this chapter and who reenlists at the end of the enlistment which established such entitlement may, at the time of such reenlistment, elect to receive a lump-sum payment computed under subsection (b) in lieu of receiving such educational assistance. An election to receive such a lump-sum payment is irrevocable.
(b) The amount of a lump-sum payment under subsection (a) is 60 percent of the sum of
(1) the product of
(A)  the rate for educational assistance under section 2143 (b) of this title applicable to such member which is in effect at the time of such reenlistment, and
(B)  the number of standard academic years of entitlement of such member to such assistance; and
(2) the product of
(A)  the rate for the subsistence allowance authorized under section 2144 of this title for pursuit of a course of instruction on a full-time basis at the time of such reenlistment, and
(B)  the number of months of entitlement of such member to such allowance.

10 USC 2147 - Right of member after reenlisting to transfer entitlement to spouse or dependent children

(a) 
(1) 
(A) A person who is entitled to educational assistance under section 2142 of this title and who reenlisted in an armed force at any time after the end of the enlistment which established such entitlement may at any time after such reenlistment elect to transfer all or any part of such entitlement to the spouse or dependent child of such person.
(B) The Secretary of the Navy may authorize a member of the Navy or Marine Corps who is entitled to educational assistance under section 2142 of this title and whose enlistment that established such entitlement was the members second reenlistment as a member of the armed forces to transfer all or part of such entitlement to the spouse or dependent child of such member after the completion of four years of active service of that second reenlistment if that reenlistment was for a period of at least six years.
(C) A transfer under this paragraph may be revoked at any time by the person making the transfer.
(2) If a person described in paragraph (1) dies before making an election authorized by such paragraph but has never made an election not to transfer such entitlement, any unused entitlement of such person shall be automatically transferred to such persons surviving spouse or (if there is no eligible surviving spouse) to such persons dependent children. A surviving spouse to whom entitlement to educational assistance is transferred under this paragraph may elect to transfer such entitlement to the dependent children of the person whose service established such entitlement.
(3) Any transfer of entitlement under this subsection shall be made in accordance with regulations prescribed by the Secretary of the military department concerned.
(b) A spouse or surviving spouse or a dependent child to whom entitlement is transferred under subsection (a) is entitled to educational assistance under this chapter in the same manner and at the same rate as the person from whom the entitlement was transferred.
(c) The total amount of educational assistance available to a person entitled to educational assistance under section 2142 of this title and to the persons spouse, surviving spouse, and dependent children is the amount of educational assistance to which the person is entitled. If more than one person is being provided educational assistance for the same period by virtue of the entitlement of the same person, the subsistence allowance authorized by section 2144 of this title shall be divided in such manner as the person may specify or (if the person fails to specify) as the Secretary concerned may prescribe.
(d) In this section:
(1) The term dependent child has the meaning given the term dependent in section 1072 (2)(D) of this title.
(2) The term surviving spouse means a widow or widower who is not remarried.

10 USC 2148 - Duration of entitlement

The entitlement of any person to educational assistance under this chapter expires at the end of the ten-year period beginning on the date of the retirement or discharge or other separation from active duty of the person upon whose service such entitlement is based. In the case of a member entitled to educational assistance under this chapter who dies while on active duty and whose entitlement is transferred to a spouse or dependent child, such entitlement expires at the end of the ten-year period beginning on the date of such members death.

10 USC 2149 - Applications for educational assistance

To receive educational assistance benefits under this chapter, a person entitled to such assistance under section 2142 or 2147 of this title shall submit an application for such assistance to the Secretary concerned in such form and manner as the Secretary concerned may prescribe.

TITLE 10 - US CODE - CHAPTER 107 - PROFESSIONAL MILITARY EDUCATION

10 USC 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.

10 USC 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.
(b) Joint Military Education Schools.— 
The Secretary of Defense, with the advice and assistance of the Chairman of the Joint Chiefs of Staff, shall periodically review and revise the curriculum of each school of the National Defense University (and of any other joint professional military education school) to enhance the education and training of officers in joint matters. The Secretary shall require such schools to maintain rigorous standards for the military education of officers with the joint specialty.
(c) Other Professional Military Education Schools.— 
The Secretary of Defense shall require that each Department of Defense school concerned with professional military education periodically review and revise its curriculum for senior and intermediate grade officers in order to strengthen the focus on
(1) joint matters; and
(2) preparing officers for joint duty assignments.

10 USC 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)
(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)1 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.
[1] See References in Text note below.

10 USC 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.

10 USC 2155 - Joint professional military education Phase II program of instruction

(a) Prerequisite of Completion of Joint Professional Military Education Phase I Program of Instruction.— 

(1) After September 30, 2009, an officer of the armed forces may not be accepted 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.

10 USC 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.

10 USC 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.

TITLE 10 - US CODE - CHAPTER 108 - DEPARTMENT OF DEFENSE SCHOOLS

10 USC 2161 - Degree granting authority for National Defense Intelligence College

(a) Authority.— 
Under regulations prescribed by the Secretary of Defense, the President of the National Defense Intelligence College may, upon the recommendation of the faculty of the National Defense Intelligence College, confer appropriate degrees upon graduates who meet the degree requirements.
(b) Limitation.— 
A degree may not be conferred under this section unless
(1) the Secretary of Education has recommended approval of the degree in accordance with the Federal Policy Governing Granting of Academic Degrees by Federal Agencies; and
(2) the National Defense Intelligence College is accredited by the appropriate civilian academic accrediting agency or organization to award the degree, as determined by the Secretary of Education.
(c) Congressional Notification Requirements.— 

(1) When seeking to establish degree granting authority under this section, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives
(A) a copy of the self assessment questionnaire required by the Federal Policy Governing Granting of Academic Degrees by Federal Agencies, at the time the assessment is submitted to the Department of Educations National Advisory Committee on Institutional Quality and Integrity; and
(B) the subsequent recommendations and rationale of the Secretary of Education regarding the establishment of the degree granting authority.
(2) Upon any modification or redesignation of existing degree granting authority, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing the rationale for the proposed modification or redesignation and any subsequent recommendation of the Secretary of Education on the proposed modification or redesignation.
(3) The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing an explanation of any action by the appropriate academic accrediting agency or organization not to accredit the National Defense Intelligence College to award any new or existing degree.

10 USC 2162 - Preparation of budget requests for operation of professional military education schools

(a) Uniform Cost Accounting.— 
The Secretary of Defense, with the advice and assistance of the Chairman of the Joint Chiefs of Staff, shall promulgate a uniform cost accounting system for use by the Secretaries of the military departments in preparing budget requests for the operation of professional military education schools.
(b) Preparation of Budget Requests.— 

(1) Amounts requested for a fiscal year for the operation of each professional military education school shall be set forth as a separate budget request in the materials submitted by the Secretary of Defense to Congress in support of the budget request for the Department of Defense.
(2) As executive agent for funding professional development education at the National Defense University, including the Joint Forces Staff College, the Secretary of Defense, with the advice of the Chairman of the Joint Chiefs of Staff, shall prepare the annual budget for professional development education operations at the National Defense University and set forth that request as a separate budget request in the materials submitted to Congress in support of the budget request for the Department of Defense. Nothing in the preceding sentence affects policies in effect on December 28, 2001, with respect to budgeting for the funding of logistical and base operations support for components of the National Defense University through the military departments.
(3) The Secretary of a military department preparing a budget request for a professional military education school shall carefully consider the views of the Chairman of the Joint Chiefs of Staff, particularly with respect to the amount of the request for the operation of the schools of the National Defense University and the joint professional military education curricula of the other professional military education schools.
(c) Comparison of Budget Requests.— 
Materials prepared in support of the budget request for a professional military education school shall describe whether the amount requested for that school is comparable to the amounts requested for other professional military education schools, taking into consideration the size and activities of the schools.
(d) Professional Military Education Schools.— 
This section applies to each of the following professional military education schools:
(1) The National Defense University.
(2) The Army War College.
(3) The College of Naval Warfare.
(4) The Air War College.
(5) The United States Army Command and General Staff College.
(6) The College of Naval Command and Staff.
(7) The Air Command and Staff College.
(8) The Marine Corps University.

10 USC 2163 - Degree granting authority for National Defense University

(a) Authority.— 
Under regulations prescribed by the Secretary of Defense, the President of the National Defense University may, upon the recommendation of the faculty of the National Defense University, confer appropriate degrees upon graduates who meet the degree requirements.
(b) Limitation.— 
A degree may not be conferred under this section unless
(1) the Secretary of Education has recommended approval of the degree in accordance with the Federal Policy Governing Granting of Academic Degrees by Federal Agencies; and
(2) the National Defense University is accredited by the appropriate civilian academic accrediting agency or organization to award the degree, as determined by the Secretary of Education.
(c) Congressional Notification Requirements.— 

(1) When seeking to establish degree granting authority under this section, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives
(A) a copy of the self assessment questionnaire required by the Federal Policy Governing Granting of Academic Degrees by Federal Agencies, at the time the assessment is submitted to the Department of Educations National Advisory Committee on Institutional Quality and Integrity; and
(B) the subsequent recommendations and rationale of the Secretary of Education regarding the establishment of the degree granting authority.
(2) Upon any modification or redesignation of existing degree granting authority, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing the rationale for the proposed modification or redesignation and any subsequent recommendation of the Secretary of Education on the proposed modification or redesignation.
(3) The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing an explanation of any action by the appropriate academic accrediting agency or organization not to accredit the National Defense University to award any new or existing degree.

10 USC 2164 - Department of Defense domestic dependent elementary and secondary schools

(a) Authority of Secretary.— 

(1) If the Secretary of Defense makes a determination that appropriate educational programs are not available through a local educational agency for dependents of members of the armed forces and dependents of civilian employees of the Federal Government residing on a military installation in the United States (including territories, commonwealths, and possessions of the United States), the Secretary may enter into arrangements to provide for the elementary or secondary education of the dependents of such members of the armed forces and, to the extent authorized in subsection (c), the dependents of such civilian employees.
(2) The Secretary may, at the discretion of the Secretary, permit dependents of members of the armed forces and, to the extent provided in subsection (c), dependents of civilian employees of the Federal Government residing in a territory, commonwealth, or possession of the United States but not on a military installation, to enroll in an educational program provided by the Secretary pursuant to this subsection. If a member of the armed forces is assigned to a remote location or is assigned to an unaccompanied tour of duty, a dependent of the member who resides, on or off a military installation, in a territory, commonwealth, or possession of the United States, as authorized by the members orders, may be enrolled in an educational program provided by the Secretary under this subsection.
(b) Factors for Secretary To Consider.— 

(1) Factors to be considered by the Secretary of Defense in making a determination under subsection (a) shall include the following:
(A) The extent to which such dependents are eligible for free public education in the local area adjacent to the military installation.
(B) The extent to which the local educational agency is able to provide an appropriate educational program for such dependents.
(2) For purposes of paragraph (1)(B), an appropriate educational program is a program that, as determined by the Secretary, is comparable to a program of free public education provided for children by the following local educational agencies:
(A) In the case of a military installation located in a State (other than an installation referred to in subparagraph (B)), local educational agencies in the State that are similar to the local educational agency referred to in paragraph (1)(B).
(B) In the case of a military installation with boundaries contiguous to two or more States, local educational agencies in the contiguous States that are similar to the local educational agency referred to in paragraph (1)(B).
(C) In the case of a military installation located in a territory, commonwealth, or possession, the District of Columbia public schools, except that an educational program determined comparable under this subparagraph may be considered appropriate for the purposes of paragraph (1)(B) only if the program is conducted in the English language.
(c) Eligibility of Dependents of Federal Employees.— 

(1) 
(A) A dependent of a Federal employee residing in permanent living quarters on a military installation at any time during the school year may enroll in an educational program provided by the Secretary of Defense pursuant to subsection (a) for dependents residing on such installation.
(B) A dependent of a United States Customs Service employee who resides in Puerto Rico, but not on a military installation, may enroll in an educational program provided by the Secretary pursuant to subsection (a) in Puerto Rico in accordance with the same rules as apply to a dependent of a Federal employee residing in permanent living quarters on a military installation.
(2) 
(A) Except as provided in subparagraphs (B) and (C), a dependent of a Federal employee who is enrolled in an educational program provided by the Secretary pursuant to subsection (a) and who is not residing on a military installation may be enrolled in the program for not more than five consecutive school years.
(B) At the discretion of the Secretary, a dependent referred to in subparagraph (A) may be enrolled in the program for more than five consecutive school years if the dependent is otherwise qualified for enrollment, space is available in the program, and the Secretary will be reimbursed for the educational services provided. Any such extension shall cover only one school year at a time.
(C) Subparagraph (A) shall not apply to an individual who is a dependent of a Federal employee in the excepted service (as defined in section 2103 of title 5) and who is enrolled in an educational program provided by the Secretary pursuant to subsection (a) in Puerto Rico, Wake Island, Guam, American Samoa, the Northern Mariana Islands, or the Virgin Islands.
(D) Subparagraph (A) shall not apply to a dependent covered by paragraph (1)(B). No requirement under this paragraph for reimbursement for educational services provided for the dependent shall apply with respect to the dependent, except that the Secretary may require the United States Customs Service to reimburse the Secretary for the cost of the educational services provided for the dependent.
(d) School Boards.— 

(1) The Secretary of Defense shall provide for the establishment of a school board for Department of Defense elementary and secondary schools established at each military installation under this section. The Secretary may provide for the establishment of one school board for all such schools in the Commonwealth of Puerto Rico and one school board for all such schools in Guam instead of one school board for each military installation in those locations.
(2) The school board shall be composed of the number of members, not fewer than three, prescribed by the Secretary.
(3) The parents of the students attending the school shall elect the school board in accordance with procedures which the Secretary shall prescribe.
(4) 
(A) A school board elected for a school under this subsection may participate in the development and oversight of fiscal, personnel, and educational policies, procedures, and programs for the school, except that the Secretary may issue any directive that the Secretary considers necessary for the effective operation of the school or the entire school system.
(B) A directive referred to in subparagraph (A) shall, to the maximum extent practicable, be issued only after the Secretary consults with the appropriate school boards elected under this subsection. The Secretary shall establish a process by which a school board or school administrative officials may formally appeal the directive to the Secretary of Defense.
(5) Meetings conducted by the school board shall be open to the public, except as provided in paragraph (6).
(6) A school board need not comply with the provisions of the Federal Advisory Committee Act (5 U.S.C. App.), but may close meetings in accordance with such Act.
(7) The Secretary may provide for reimbursement of a school board member for expenses incurred by the member for travel, transportation, lodging, meals, program fees, activity fees, and other appropriate expenses that the Secretary determines are reasonable and necessary for the performance of school board duties by the member.
(e) Administration and Staff.— 

(1) The Secretary of Defense may enter into such arrangements as may be necessary to provide educational programs at the school.
(2) The Secretary may, without regard to the provisions of any other law relating to the number, classification, or compensation of employees
(A) establish positions for civilian employees in schools established under this section;
(B) appoint individuals to such positions; and
(C) fix the compensation of such individuals for service in such positions.
(3) 
(A) Except as provided in subparagraph (B), in fixing the compensation of employees appointed for a school pursuant to paragraph (2), the Secretary shall consider
(i) the compensation of comparable employees of the local educational agency in the capital of the State where the military installation is located;
(ii) the compensation of comparable employees in the local educational agency that provides public education to students who reside adjacent to the military installation; and
(iii) the average compensation for similar positions in not more than three other local educational agencies in the State in which the military installation is located.
(B) In fixing the compensation of employees in schools established in the territories, commonwealths, and possessions pursuant to the authority of this section, the Secretary shall determine the level of compensation required to attract qualified employees. For employees in such schools, the Secretary, without regard to the provisions of title 5, may provide for the tenure, leave, hours of work, and other incidents of employment to be similar to that provided for comparable positions in the public schools of the District of Columbia. For purposes of the first sentence, a school established before the effective date of this section pursuant to authority similar to the authority in this section shall be considered to have been established pursuant to the authority of this section.
(4) 
(A) The Secretary may, without regard to the provisions of any law relating to the number, classification, or compensation of employees
(i) transfer employees from schools established under this section to schools in the defense dependents education system in order to provide the services referred to in subparagraph (B) to such system; and
(ii) transfer employees from such system to schools established under this section in order to provide such services to those schools.
(B) The services referred to in subparagraph (A) are the following:
(i) Administrative services.
(ii) Logistical services.
(iii) Personnel services.
(iv) Such other services as the Secretary considers appropriate.
(C) Transfers under this paragraph shall extend for such periods as the Secretary considers appropriate. The Secretary shall provide appropriate compensation for employees so transferred.
(D) The Secretary may provide that the transfer of an employee under this paragraph occur without reimbursement of the school or system concerned.
(E) In this paragraph, the term defense dependents education system means the program established and operated under section 1402(a) of the Defense Dependents Education Act of 1978 (20 U.S.C. 921 (a)).
(f) Substantive and Procedural Rights and Protections for Children.— 

(1) The Secretary shall provide the following substantive rights, protections, and procedural safeguards (including due process procedures) in the educational programs provided for under this section:
(A) In the case of children with disabilities aged 3 to 5, inclusive, all substantive rights, protections, and procedural safeguards (including due process procedures) available to children with disabilities aged 3 to 5, inclusive, under part B of the Individuals with Disabilities Education Act (20 U.S.C. 1411 et seq.).
(B) In the case of infants or toddlers with disabilities, all substantive rights, protections, and procedural safeguards (including due process procedures) available to infants or toddlers with disabilities under part C of such Act (20 U.S.C. 1431 et seq.).
(C) In the case of all other children with disabilities, all substantive rights, protections, and procedural safeguards (including due process procedures) available to children with disabilities who are 3 to 5 years old under part B of such Act.
(2) Paragraph (1) may not be construed as diminishing for children with disabilities enrolled in day educational programs provided for under this section the extent of substantive rights, protections, and procedural safeguards that were available under section 6(a) of Public Law 81874 (20 U.S.C. 241 (a)) to children with disabilities as of October 7, 1991.
(3) In this subsection:
(A) The term children with disabilities has the meaning given the term in section 602 of the Individuals with Disabilities Education Act (20 U.S.C. 1401).
(B) The term infants or toddlers with disabilities has the meaning given the term in section 632 of such Act (20 U.S.C. 1432).
(g) Reimbursement.— 
When the Secretary of Defense provides educational services under this section to an individual who is a dependent of an employee of a Federal agency outside the Department of Defense, the head of the other Federal agency shall, upon request of the Secretary of Defense, reimburse the Secretary for those services at rates routinely prescribed by the Secretary for those services. Any payments received by the Secretary under this subsection shall be credited to the account designated by the Secretary for the operation of educational programs under this section.
(h) Continuation of Enrollment Despite Change in Status.— 

(1) The Secretary of Defense shall permit a dependent of a member of the armed forces or a dependent of a Federal employee to continue enrollment in an educational program provided by the Secretary pursuant to subsection (a) for the remainder of a school year notwithstanding a change during such school year in the status of the member or Federal employee that, except for this paragraph, would otherwise terminate the eligibility of the dependent to be enrolled in the program.
(2) The Secretary may, for good cause, authorize a dependent of a member of the armed forces or a dependent of a Federal employee to continue enrollment in an educational program provided by the Secretary pursuant to subsection (a) notwithstanding a change in the status of the member or employee that, except for this paragraph, would otherwise terminate the eligibility of the dependent to be enrolled in the program. The enrollment may continue for as long as the Secretary considers appropriate.
(3) Paragraphs (1) and (2) do not limit the authority of the Secretary to remove a dependent from enrollment in an educational program provided by the Secretary pursuant to subsection (a) at any time for good cause determined by the Secretary.
(i) American Red Cross Employee Dependents in Puerto Rico.— 

(1) The Secretary may authorize the dependent of an American Red Cross employee described in paragraph (2) to enroll in an education program provided by the Secretary pursuant to subsection (a) in Puerto Rico if the American Red Cross agrees to reimburse the Secretary for the educational services so provided.
(2) An employee referred to in paragraph (1) is an American Red Cross employee who
(A) resides in Puerto Rico; and
(B) performs, on a full-time basis, emergency services on behalf of members of the armed forces.
(3) In determining the dependency status of any person for the purposes of paragraph (1), the Secretary shall apply the same definitions as apply to the determination of such status with respect to Federal employees in the administration of this section.
(4) Subsection (g) shall apply with respect to determining the reimbursement rates for educational services provided pursuant to this subsection. Amounts received as reimbursement for such educational services shall be treated in the same manner as amounts received under subsection (g).

10 USC 2165 - National Defense University: component institutions

(a) In General.— 
There is a National Defense University in the Department of Defense.
(b) Component Institutions.— 
The National Defense University consists of the following institutions:
(1) The National War College.
(2) The Industrial College of the Armed Forces.
(3) The Joint Forces Staff College.
(4) The Institute for National Strategic Studies.
(5) The Information Resources Management College.
(6) Any other educational institution of the Department of Defense that the Secretary considers appropriate and designates as an institution of the university.
[(c) Repealed. Pub. L. 109–364, div. A, title IX, 904(b)(2)(B), Oct. 17, 2006, 120 Stat. 2353.]
(d) Source of Funds for Professional Development Education Operations.— 
Funding for the professional development education operations of the National Defense University shall be provided from funds made available to the Secretary of Defense from the annual appropriation Operation and Maintenance, Defense-wide.
(e) Acceptance of Faculty Research Grants.— 

(1) The Secretary of Defense may authorize the President of the National Defense University to accept qualifying research grants. Any such grant may only be accepted if the work under the grant is to be carried out by a professor or instructor of one of the institutions comprising the University for a scientific, literary, or educational purpose.
(2) A qualifying research grant under this subsection is a grant that is awarded on a competitive basis by an entity referred to in paragraph (3) for a research project with a scientific, literary, or educational purpose.
(3) A grant may be accepted under this subsection only from a corporation, fund, foundation, educational institution, or similar entity that is organized and operated primarily for scientific, literary, or educational purposes.
(4) The Secretary shall establish an account for administering funds received as research grants under this subsection. The President of the University shall use the funds in the account in accordance with applicable provisions of the regulations and the terms and condition of the grants received.
(5) Subject to such limitations as may be provided in appropriations Acts, appropriations available for the National Defense University may be used to pay expenses incurred by the University in applying for, and otherwise pursuing, the award of qualifying research grants.
(6) The Secretary shall prescribe regulations for the administration of this subsection.

10 USC 2166 - Western Hemisphere Institute for Security Cooperation

(a) Establishment and Administration.— 

(1) The Secretary of Defense may operate an education and training facility for the purpose set forth in subsection (b). The facility shall be known as the Western Hemisphere Institute for Security Cooperation.
(2) The Secretary may designate the Secretary of a military department as the Department of Defense executive agent for carrying out the responsibilities of the Secretary of Defense under this section.
(b) Purpose.— 
The purpose of the Institute is to provide professional education and training to eligible personnel of nations of the Western Hemisphere within the context of the democratic principles set forth in the Charter of the Organization of American States (such charter being a treaty to which the United States is a party), while fostering mutual knowledge, transparency, confidence, and cooperation among the participating nations and promoting democratic values, respect for human rights, and knowledge and understanding of United States customs and traditions.
(c) Eligible Personnel.— 

(1) Subject to paragraph (2), personnel of nations of the Western Hemisphere are eligible for education and training at the Institute as follows:
(A) Military personnel.
(B) Law enforcement personnel.
(C) Civilian personnel.
(2) The Secretary of State shall be consulted in the selection of foreign personnel for education or training at the Institute.
(d) Curriculum.— 

(1) The curriculum of the Institute shall include mandatory instruction for each student, for at least 8 hours, on human rights, the rule of law, due process, civilian control of the military, and the role of the military in a democratic society.
(2) The curriculum may include instruction and other educational and training activities on the following:
(A) Leadership development.
(B) Counterdrug operations.
(C) Peace support operations.
(D) Disaster relief.
(E) Any other matter that the Secretary determines appropriate.
(e) Board of Visitors.— 

(1) There shall be a Board of Visitors for the Institute. The Board shall be composed of the following:
(A) The chairman and ranking minority member of the Committee on Armed Services of the Senate, or a designee of either of them.
(B) The chairman and ranking minority member of the Committee on Armed Services of the House of Representatives, or a designee of either of them.
(C) Six persons designated by the Secretary of Defense including, to the extent practicable, persons from academia and the religious and human rights communities.
(D) One person designated by the Secretary of State.
(E) The senior military officer responsible for training and doctrine for the Army or, if the Secretary of the Navy or the Secretary of the Air Force is designated as the executive agent of the Secretary of Defense under subsection (a)(2), the senior military officer responsible for training and doctrine for the Navy or Marine Corps or for the Air Force, respectively, or a designee of the senior military officer concerned.
(F) The commanders of the combatant commands having geographic responsibility for the Western Hemisphere, or the designees of those officers.
(2) A vacancy in a position on the Board shall be filled in the same manner as the position was originally filled.
(3) The Board shall meet at least once each year.
(4) 
(A) The Board shall inquire into the curriculum, instruction, physical equipment, fiscal affairs, and academic methods of the Institute, other matters relating to the Institute that the Board decides to consider, and any other matter that the Secretary of Defense determines appropriate.
(B) The Board shall review the curriculum of the Institute to determine whether
(i) the curriculum complies with applicable United States laws and regulations;
(ii) the curriculum is consistent with United States policy goals toward Latin America and the Caribbean;
(iii) the curriculum adheres to current United States doctrine; and
(iv) the instruction under the curriculum appropriately emphasizes the matters specified in subsection (d)(1).
(5) Not later than 60 days after its annual meeting, the Board shall submit to the Secretary of Defense a written report of its activities and of its views and recommendations pertaining to the Institute.
(6) Members of the Board shall not be compensated by reason of service on the Board.
(7) With the approval of the Secretary of Defense, the Board may accept and use the services of voluntary and uncompensated advisers appropriate to the duties of the Board without regard to section 1342 of title 31.
(8) Members of the Board and advisers whose services are accepted under paragraph (7) shall be allowed travel and transportation expenses, including per diem in lieu of subsistence, while away from their homes or regular places of business in the performance of services for the Board. Allowances under this paragraph shall be computed
(A) in the case of members of the Board who are officers or employees of the United States, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5; and
(B) in the case of other members of the Board and advisers, as authorized under section 5703 of title 5 for employees serving without pay.
(9) The Federal Advisory Committee Act (5 U.S.C. App.), other than section 14 (relating to termination after two years), shall apply to the Board.
(f) Authority To Accept Foreign Gifts and Donations.— 

(1) The Secretary of Defense may, on behalf of the Institute, accept foreign gifts or donations in order to defray the costs of, or enhance the operation of, the Institute.
(2) Funds received by the Secretary under paragraph (1) shall be credited to appropriations available for the Department of Defense for the Institute. Funds so credited shall be merged with the appropriations to which credited and shall be available for the Institute for the same purposes and same period as the appropriations with which merged.
(3) The Secretary of Defense shall notify Congress if the total amount of money accepted under paragraph (1) exceeds $1,000,000 in any fiscal year. Any such notice shall list each of the contributors of such money and the amount of each contribution in such fiscal year.
(4) For the purposes of this subsection, a foreign gift or donation is a gift or donation of funds, materials (including research materials), property, or services (including lecture services and faculty services) from a foreign government, a foundation or other charitable organization in a foreign country, or an individual in a foreign country.
(g) Fixed Costs.— 
The fixed costs of operating and maintaining the Institute for a fiscal year may be paid from
(1) any funds available for that fiscal year for operation and maintenance for the executive agent designated under subsection (a)(2); or
(2) if no executive agent is designated under subsection (a)(2), any funds available for that fiscal year for the Department of Defense for operation and maintenance for Defense-wide activities.
(h) Tuition.— 
Tuition fees charged for persons who attend the Institute may not include the fixed costs of operating and maintaining the Institute.
(i) Annual Report.— 
Not later than March 15 of each year, the Secretary of Defense shall submit to Congress a detailed report on the activities of the Institute during the preceding year. The report shall include a copy of the latest report of the Board of Visitors received by the Secretary under subsection (e)(5), together with any comments of the Secretary on the Boards report. The report shall be prepared in consultation with the Secretary of State.

10 USC 2167 - National Defense University: admission of private sector civilians to professional military education program

(a) Authority for Admission.— 
The Secretary of Defense may permit eligible private sector employees who work in organizations relevant to national security to receive instruction at the National Defense University in accordance with this section. No more than the equivalent of 10 full-time student positions may be filled at any one time by private sector employees enrolled under this section. Upon successful completion of the course of instruction in which enrolled, any such private sector employee may be awarded an appropriate diploma or degree under section 2165 of this title.
(b) Eligible Private Sector Employees.— 
For purposes of this section, an eligible private sector employee is an individual employed by a private firm that is engaged in providing to the Department of Defense or other Government departments or agencies significant and substantial defense-related systems, products, or services or whose work product is relevant to national security policy or strategy. A private sector employee admitted for instruction at the National Defense University remains eligible for such instruction only so long as that person remains employed by the same firm.
(c) Annual Certification by Secretary of Defense.— 
Private sector employees may receive instruction at the National Defense University during any academic year only if, before the start of that academic year, the Secretary of Defense determines, and certifies to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives, that providing instruction to private sector employees under this section during that year will further national security interests of the United States.
(d) Program Requirements.— 
The Secretary of Defense shall ensure that
(1) the curriculum for the professional military education program in which private sector employees may be enrolled under this section is not readily available through other schools and concentrates on national security relevant issues; and
(2) the course offerings at the National Defense University continue to be determined solely by the needs of the Department of Defense.
(e) Tuition.— 
The President of the National Defense University shall charge students enrolled under this section a rate
(1) that is at least the rate charged for employees of the United States outside the Department of Defense, less infrastructure costs, and
(2) that considers the value to the school and course of the private sector student.
(f) Standards of Conduct.— 
While receiving instruction at the National Defense University, students enrolled under this section, to the extent practicable, are subject to the same regulations governing academic performance, attendance, norms of behavior, and enrollment as apply to Government civilian employees receiving instruction at the university.
(g) Use of Funds.— 
Amounts received by the National Defense University for instruction of students enrolled under this section shall be retained by the university to defray the costs of such instruction. The source, and the disposition, of such funds shall be specifically identified in records of the university.

10 USC 2168 - Defense Language Institute Foreign Language Center: degree of Associate of Arts in foreign language

(a) Subject to subsection (b), the Commandant of the Defense Language Institute may confer an Associate of Arts degree in a foreign language upon any graduate of the Foreign Language Center of the Institute who fulfills the requirements for that degree.
(b) A degree may be conferred upon a student under this section only if the Provost of the Center certifies to the Commandant that the student has satisfied all the requirements prescribed for the degree.
(c) The authority provided by subsection (a) shall be exercised under regulations prescribed by the Secretary of Defense.

TITLE 10 - US CODE - CHAPTER 109 - EDUCATIONAL LOAN REPAYMENT PROGRAMS

10 USC 2171 - Education loan repayment program: enlisted members on active duty in specified military specialties

(a) 
(1) Subject to the provisions of this section, the Secretary of Defense may repay
(A) any loan made, insured, or guaranteed under part B of title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et seq.);
(B) any loan made under part D of such title (the William D. Ford Federal Direct Loan Program, 20 U.S.C. 1087a et seq.);
(C) any loan made under part E of such title (20 U.S.C. 1087aa et seq.); or
(D) any loan incurred for educational purposes made by a lender that is
(i) an agency or instrumentality of a State;
(ii) a financial or credit institution (including an insurance company) that is subject to examination and supervision by an agency of the United States or any State;
(iii) a pension fund approved by the Secretary for purposes of this section; or
(iv) a non-profit private entity designated by a State, regulated by such State, and approved by the Secretary for purposes of this section.

Repayment of any such loan shall be made on the basis of each complete year of service performed by the borrower.

(2) The Secretary may repay loans described in paragraph (1) in the case of any person for service performed on active duty as a member in an officer program or military specialty specified by the Secretary.
(b) The portion or amount of a loan that may be repaid under subsection (a) is 331/3 percent or $1,500, whichever is greater, for each year of service.
(c) If a portion of a loan is repaid under this section for any year, interest on the remainder of such loan shall accrue and be paid in the same manner as is otherwise required.
(d) Nothing in this section shall be construed to authorize refunding any repayment of a loan.
(e) A person who transfers from service making the person eligible for repayment of loans under this section (as described in subsection (a)(2)) to service making the person eligible for repayment of loans under section 16301 of this title (as described in subsection (a)(2) of that section) during a year shall be eligible to have repaid a portion of such loan determined by giving appropriate fractional credit for each portion of the year so served, in accordance with regulations of the Secretary concerned.
(f) The Secretary of Defense shall, by regulation, prescribe a schedule for the allocation of funds made available to carry out the provisions of this section and section 16301 of this title during any year for which funds are not sufficient to pay the sum of the amounts eligible for repayment under subsection (a) and section 16301 (a) of this title.

10 USC 2172 - Renumbered 16302]

10 USC 2173 - Education loan repayment program: commissioned officers in specified health professions

(a) Authority To Repay Education Loans.— 
For the purpose of maintaining adequate numbers of commissioned officers of the armed forces on active duty who are qualified in the various health professions, the Secretary of a military department may repay, in the case of a person described in subsection (b), a loan that
(1) was used by the person to finance education regarding a health profession; and
(2) was obtained from a governmental entity, private financial institution, school, or other authorized entity.
(b) Eligible Persons.— 
To be eligible to obtain a loan repayment under this section, a person must
(1) satisfy one of the requirements specified in subsection (c);
(2) be fully qualified for, or hold, an appointment as a commissioned officer in one of the health professions; and
(3) sign a written agreement to serve on active duty, or, if on active duty, to remain on active duty for a period in addition to any other incurred active duty obligation.
(c) Academic and Professional Requirements.— 
One of the following academic requirements must be satisfied for purposes of determining the eligibility of a person for a loan repayment under this section:
(1) The person is fully qualified in a health care profession that the Secretary of the military department concerned has determined to be necessary to meet identified skill shortages.
(2) The person is enrolled as a full-time student in the final year of a course of study at an accredited educational institution leading to a degree in a health profession other than medicine or osteopathic medicine.
(3) The person is enrolled in the final year of an approved graduate program leading to specialty qualification in medicine, dentistry, osteopathic medicine, or other health profession.
(d) Certain Persons Ineligible.— 
Students of the Uniformed Services University of the Health Sciences established under section 2112 of this title are not eligible for the repayment of an education loan under this section.
(e) Loan Repayments.— 

(1) Subject to the limits established by paragraph (2), a loan repayment under this section may consist of payment of the principal, interest, and related expenses of a loan obtained by a person described in subsection (b) for
(A) all educational expenses, comparable to all educational expenses recognized under section 2127 (a) of this title for participants in the Armed Forces Health Professions Scholarship and Financial Assistance program; and
(B) reasonable living expenses, not to exceed expenses comparable to the stipend paid under section 2121 (d) of this title for participants in the Armed Forces Health Professions Scholarship and Financial Assistance program.
(2) For each year of obligated service that a person agrees to serve in an agreement described in subsection (b)(3), the Secretary of the military department concerned may pay not more than $60,000 on behalf of the person. This maximum amount shall be increased annually by the Secretary of Defense effective October 1 of each year by the percentage equal to the percent increase in the average annual cost of educational expenses and stipend costs of a single scholarship under the Armed Forces Health Professions Scholarship and Financial Assistance program.
(f) Active Duty Service Obligation.— 

(1) A person entering into an agreement described in subsection (b)(3) incurs an active duty service obligation. The length of this obligation shall be determined under regulations prescribed by the Secretary of Defense, but those regulations may not provide for a period of obligation of less than one year for each maximum annual amount, or portion thereof, paid on behalf of the person for qualified loans.
(2) For persons on active duty before entering into the agreement, the active duty service obligation shall be served consecutively to any other obligation incurred under the agreement.
(g) Effect of Failure To Complete Obligation.— 

(1) A commissioned officer who is relieved of the officers active duty obligation under this section before the completion of that obligation may be given, with or without the consent of the officer, any alternative obligation comparable to any of the alternative obligations authorized by section 2123 (e) of this title for participants in the Armed Forces Health Professions Scholarship and Financial Assistance program.
(2) An officer who does not complete the period of active duty specified in the agreement entered into under subsection (b)(3), or the alternative obligation imposed under paragraph (1), shall be subject to the repayment provisions of section 303a (e) of title 37.
(h) Regulations.— 
The Secretary of Defense shall prescribe regulations to carry out this section, including standards for qualified loans and authorized payees and other terms and conditions for the making of loan repayments.

10 USC 2174 - Interest payment program: members on active duty

(a) Authority.— 

(1) The Secretary concerned may pay in accordance with this section the interest and any special allowances that accrue on one or more student loans of an eligible member of the armed forces.
(2) The Secretary of a military department may exercise the authority under paragraph (1) only if approved by the Secretary of Defense and subject to such requirements, conditions, and restrictions as the Secretary of Defense may prescribe.
(b) Eligible Members.— 
A member of the armed forces is eligible for the benefit under subsection (a) while the member
(1) is serving on active duty in fulfillment of the members first enlistment in the armed forces or, in the case of an officer, is serving on active duty and has not completed more than three years of service on active duty;
(2) is the debtor on one or more unpaid loans described in subsection (c); and
(3) is not in default on any such loan.
(c) Student Loans.— 
The authority to make payments under subsection (a) may be exercised with respect to the following loans:
(1) A loan made, insured, or guaranteed under part B of title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et seq.).
(2) A loan made under part D of such title (20 U.S.C. 1087a et seq.).
(3) A loan made under part E of such title (20 U.S.C. 1087aa et seq.).
(d) Maximum Benefit.— 
The months for which interest and any special allowance may be paid on behalf of a member of the armed forces under this section are any 36 consecutive months during which the member is eligible under subsection (b).
(e) Funds for Payments.— 
Appropriations available for the pay and allowances of military personnel shall be available for payments under this section.
(f) Coordination.— 

(1) The Secretary of Defense and, with respect to the Coast Guard when it is not operating as a service in the Navy, the Secretary of the Department in which the Coast Guard is operating shall consult with the Secretary of Education regarding the administration of the authority under this section.
(2) The Secretary concerned shall transfer to the Secretary of Education the funds necessary
(A) to pay interest and special allowances on student loans under this section (in accordance with sections 428(o), 455(l), and 464(j) of the Higher Education Act of 1965 (20 U.S.C. 1078 (o), 1087e (l), and 1087dd (j)); and
(B) to reimburse the Secretary of Education for any reasonable administrative costs incurred by the Secretary in coordinating the program under this section with the administration of the student loan programs under parts B, D, and E of title IV of the Higher Education Act of 1965.
(g) Special Allowance Defined.— 
In this section, the term special allowance means a special allowance that is payable under section 438 of the Higher Education Act of 1965 (20 U.S.C. 1087–1).

TITLE 10 - US CODE - CHAPTER 110 - EDUCATIONAL ASSISTANCE FOR MEMBERS HELD AS CAPTIVES AND THEIR DEPENDENTS

10 USC 2181 - Definitions

In this chapter:
(1) The terms captive status and former captive have the meanings given those terms in section 559 of title 37.
(2) The term dependent has the meaning given that term in section 551 of that title.

10 USC 2182 - Educational assistance: dependents of captives

(a) Under regulations prescribed by the President, the Secretary concerned shall pay (by advancement or reimbursement) a dependent of a person who is in a captive status for expenses incurred, while attending an educational or training institution, for
(1) subsistence;
(2) tuition;
(3) fees;
(4) supplies;
(5) books;
(6) equipment; and
(7) other educational expenses.
(b) Except as provided in section 2184 of this title, payments shall be available under this section for a dependent of a person who is in a captive status for education or training that occurs
(1) after that person is in a captive status for not less than 90 days; and
(2) on or before
(A) the end of any semester or quarter (as appropriate) that begins before the date on which the captive status of that person terminates;
(B) the earlier of the end of any course that began before such date or the end of the 16-week period following that date if the educational or training institution is not operated on a semester or quarter system; or
(C) a date specified by the Secretary concerned in order to respond to special circumstances.
(c) If a person in a captive status or a former captive dies and the death is incident to the captivity, payments shall be available under this section for a dependent of that person for education or training that occurs after the date of the death of that person.
(d) The provisions of this section shall not apply to any dependent who is eligible for assistance under chapter 35 of title 38 or similar assistance under any other provision of law.

10 USC 2183 - Educational assistance: former captives

(a) In order to respond to special circumstances, the Secretary concerned may pay (by advancement or reimbursement) a person who is a former captive for expenses incurred, while attending an educational or training institution, for
(1) subsistence;
(2) tuition;
(3) fees;
(4) supplies;
(5) books;
(6) equipment; and
(7) other educational expenses.
(b) Except as provided in section 2184 of this title, payments shall be available under this section for a person who is a former captive for education or training that occurs
(1) after the termination of the status of that person as a captive; and
(2) on or before
(A) the end of any semester or quarter (as appropriate) that begins before the end of the 10-year period beginning on the date on which the status of that person as a captive terminates; or
(B) if the educational or training institution is not operated on a semester or quarter system, the earlier of the end of any course that began before such date or the end of the 16-week period following that date.
(c) Payments shall be available under this section only to the extent that such payments are not otherwise authorized by law.

10 USC 2184 - Termination of assistance

Assistance under this chapter
(1) shall be discontinued for any person whose conduct or progress is unsatisfactory under standards consistent with those established under section 3524 of title 38; and
(2) may not be provided for any person for more than 45 months (or the equivalent in other than full-time education or training).

10 USC 2185 - Programs to be consistent with programs administered by the Department of Veterans Affairs

Regulations prescribed to carry out this chapter shall provide that the programs under this chapter shall be consistent with the educational assistance programs under chapters 35 and 36 of title 38.

TITLE 10 - US CODE - CHAPTER 111 - SUPPORT OF SCIENCE, MATHEMATICS, AND ENGINEERING EDUCATION

10 USC 2191 - Graduate fellowships

(a) The Secretary of Defense shall prescribe regulations providing for the award of fellowships to citizens and nationals of the United States who agree to pursue graduate degrees in science, engineering, or other fields of study designated by the Secretary to be of priority interest to the Department of Defense.
(b) A fellowship awarded pursuant to regulations prescribed under subsection (a) shall be known as a National Defense Science and Engineering Graduate Fellowship.
(c) National Defense Science and Engineering Graduate Fellowships shall be awarded solely on the basis of academic ability. The Secretary shall take all appropriate actions to encourage applications for such fellowships of persons who are members of groups (including minority groups, women, and disabled persons) which historically have been underrepresented in science and technology fields. Recipients shall be selected on the basis of a nationwide competition. The award of a fellowship under this section may not be predicated on the geographic region in which the recipient lives or the geographic region in which the recipient will pursue an advanced degree.
(d) The regulations prescribed under this section shall include
(1) the criteria for award of fellowships;
(2) the procedures for selecting recipients;
(3) the basis for determining the amount of a fellowship; and
(4) the maximum amount that may be awarded to an individual during an academic year.

10 USC 2192 - Improvement of education in technical fields: general authority regarding education in science, mathematics, and engineering

(a) The Secretary of Defense, in consultation with the Secretary of Education, shall, on a continuing basis
(1) identify actions which the Department of Defense may take to improve education in the scientific, mathematics, and engineering skills necessary to meet the long-term national defense needs of the United States for personnel proficient in such skills; and
(2) establish and conduct programs to carry out such actions.
(b) 
(1) In furtherance of the authority of the Secretary of Defense under any provision of this chapter or any other provision of law to support educational programs in science, mathematics, engineering, and technology, the Secretary of Defense may, unless otherwise specified in such provision
(A) enter into contracts and cooperative agreements with eligible entities;
(B) make grants of financial assistance to eligible entities;
(C) provide cash awards and other items to eligible entities;
(D) accept voluntary services from eligible entities; and
(E) support national competition judging, other educational event activities, and associated award ceremonies in connection with these educational programs.
(2) In this subsection:
(A) The term eligible entity includes a department or agency of the Federal Government, a State, a political subdivision of a State, an individual, and a not-for-profit or other organization in the private sector.
(B) The term State means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, American Samoa, and any other territory or possession of the United States.
(c) The Secretary shall designate an individual within the Office of the Secretary of Defense to advise and assist the Secretary regarding matters relating to science, mathematics, and engineering education and training.

10 USC 2192a - Science, Mathematics, and Research for Transformation (SMART) Defense Education Program

(a) Requirement for Program.— 
The Secretary of Defense shall carry out a program to provide financial assistance for education in science, mathematics, engineering, and technology skills and disciplines that, as determined by the Secretary, are critical to the national security functions of the Department of Defense and are needed in the Department of Defense workforce.
(b) Financial Assistance.— 

(1) Under the program under this section, the Secretary of Defense may award a scholarship or fellowship in accordance with this section to a person who
(A) is a citizen of the United States;
(B) is pursuing an associates degree, undergraduate degree, or advanced degree in a critical skill or discipline described in subsection (a) at an accredited institution of higher education; and
(C) enters into a service agreement with the Secretary of Defense as described in subsection (c).
(2) The amount of the financial assistance provided under a scholarship or fellowship awarded to a person under this subsection shall be the amount determined by the Secretary of Defense as being necessary to pay all educational expenses incurred by that person, including tuition, fees, cost of books, laboratory expenses, equipment expenses, and expenses of room and board.
(3) Financial assistance provided under a scholarship or fellowship awarded under this section may be paid directly to the recipient of such scholarship or fellowship or to an administering entity for disbursement of the funds.
(c) Service Agreement for Recipients of Financial Assistance.— 

(1) To receive financial assistance under this section
(A) in the case of an employee of the Department of Defense, the employee shall enter into a written agreement to continue in the employment of the department for the period of obligated service determined under paragraph (2); and
(B) in the case of a person not an employee of the Department of Defense, the person shall enter into a written agreement to accept and continue employment in the Department of Defense for the period of obligated service determined under paragraph (2).
(2) For the purposes of this subsection, the period of obligated service for a recipient of financial assistance under this section shall be the period determined by the Secretary of Defense as being appropriate to obtain adequate service in exchange for such financial assistance. Except as provided in subsection (d), the period of service required of a recipient may not be less than the total period of pursuit of a degree that is covered by such financial assistance. The period of obligated service is in addition to any other period for which the recipient is obligated to serve in the civil service of the United States.
(3) An agreement entered into under this subsection by a person pursuing an academic degree shall include any terms and conditions that the Secretary of Defense determines necessary to protect the interests of the United States or otherwise appropriate for carrying out this section.
(d) Employment of Program Participants.— 

(1) The Secretary of Defense may
(A) appoint or retain a person participating in the program under this section in a position on an interim basis during the period of such persons pursuit of a degree under the program and for a period not to exceed 2 years after completion of the degree, but only if, in the case of the period after completion of the degree
(i) there is no readily available appropriate permanent position for such person; and
(ii) there is an active and ongoing effort to identify and assign such person to an appropriate permanent position as soon as practicable; and
(B) if there is no appropriate permanent position available after the end of the periods described in subparagraph (A), separate such person from employment with the Department without regard to any other provision of law, in which event the service agreement of such person under subsection (c) shall terminate.
(2) The period of service of a person covered by paragraph (1) in a position on an interim basis under that paragraph shall, after completion of the degree, be treated as a period of service for purposes of satisfying the obligated service requirements of the person under the service agreement of the person under subsection (c).
(e) Refund for Period of Unserved Obligated Service.— 

(1) 
(A) A participant in the program under this section who is not an employee of the Department of Defense and who voluntarily fails to complete the educational program for which financial assistance has been provided under this section, or fails to maintain satisfactory academic progress as determined in accordance with regulations prescribed by the Secretary of Defense, shall refund to the United States an appropriate amount, as determined by the Secretary.
(B) A participant in the program under this section who is an employee of the Department of Defense and who
(i) voluntarily fails to complete the educational program for which financial assistance has been provided, or fails to maintain satisfactory academic progress as determined in accordance with regulations prescribed by the Secretary; or
(ii) before completion of the period of obligated service required of such participant
(I) voluntarily terminates such participants employment with the Department; or
(II) is removed from such participants employment with the Department on the basis of misconduct,

shall refund the United States an appropriate amount, as determined by the Secretary.

(2) An obligation to reimburse the United States imposed under paragraph (1) is for all purposes a debt owed to the United States.
(3) The Secretary of Defense may waive, in whole or in part, a refund required under paragraph (1) if the Secretary determines that recovery would be against equity and good conscience or would be contrary to the best interests of the United States.
(4) A discharge in bankruptcy under title 11 that is entered less than five years after the termination of an agreement under this section does not discharge the person signing such agreement from a debt arising under such agreement or under this subsection.
(f) Relationship to Other Programs.— 
The program under this section is in addition to the authorities provided in chapter 111 of this title. The Secretary of Defense shall coordinate the provision of financial assistance under the authority of this section with the provision of financial assistance under the authorities provided in such chapter in order to maximize the benefits derived by the Department of Defense from the exercise of all such authorities.
(g) Recommendation on Program.— 
Not later than February 1, 2007, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives, the Committee on Governmental Affairs of the Senate, and the Committee on Government Reform of the House of Representatives a plan for expanding and improving the national defense science and engineering workforce educational assistance program carried out under this section as appropriate to improve recruitment and retention to meet the requirements of the Department of Defense for its science and engineering workforce on a short-term basis and on a long-term basis.
(h) Institution of Higher Education Defined.— 
In this section, the term institution of higher education has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).

10 USC 2193 - Improvement of education in technical fields: grants for higher education in science and mathematics

(a) 
(1) The Secretary of Defense may, in accordance with the provisions of this subsection, carry out a program for awarding grants to students who have been accepted for enrollment in, or who are enrolled in, an institution of higher education as undergraduate or graduate students in scientific and engineering disciplines critical to the national security functions of the Department of Defense.
(2) Grant proceeds shall be disbursed on behalf of students awarded grants under this subsection to the institutions of higher education at which the students are enrolled. No grant proceeds shall be disbursed on behalf of a student until the student is enrolled at an institution of higher education.
(3) The amount of a grant awarded a student under this subsection may not exceed the students cost of attendance.
(4) The amount of a grant awarded a student under this subsection shall not be reduced on the basis of the students receipt of other forms of Federal student financial assistance, but shall be taken into account in determining the eligibility of the student for those other forms of Federal student financial assistance.
(5) The Secretary shall give priority to awarding grants under this subsection in a manner likely to stimulate the interest of women and members of minority groups in pursuing scientific and engineering careers. The Secretary may consider the financial need of applicants in making awards in accordance with such priority.
(b) In this section:
(1) The term institution of higher education has the meaning given such term in section 101 of the Higher Education Act of 1965.
(2) The term cost of attendance has the meaning given such term in section 472 of the Higher Education Act of 1965 (20 U.S.C. 1087ll).

10 USC 2193a - Improvement of education in technical fields: general authority for support of elementary and secondary education in science and mathematics

The Secretary of Defense, in coordination with the Secretary of Education, may establish programs for the purpose of improving the mathematics and scientific knowledge and skills of elementary and secondary school students and faculty members.

10 USC 2193b - Improvement of education in technical fields: program for support of elementary and secondary education in science, mathematics, and technology

(a) Authority for Program.— 
The Secretary of Defense may conduct a science, mathematics, and technology education improvement program known as the Department of Defense STARBASE Program. The Secretary shall carry out the program in coordination with the Secretaries of the military departments.
(b) Purpose.— 
The purpose of the program is to improve knowledge and skills of students in kindergarten through twelfth grade in mathematics, science, and technology.
(c) STARBASE Academies.— 

(1) The Secretary shall provide for the establishment of at least 25 academies under the program.
(2) The Secretary of Defense shall establish guidelines, criteria, and a process for the establishment of STARBASE programs in addition to those in operation on October 5, 1999.
(3) 
(A) Except as otherwise provided under subparagraph (B), the Secretary may not support the establishment in any State of more than four academies under the program.
(B) The Secretary may support the establishment and operation of an academy in a State in excess of four academies in that State if the Secretary expressly waives, in writing, the limitation in subparagraph (A) with respect to that State. In the case of any such waiver, appropriated funds may be used for the establishment and operation of an academy in excess of four in that State only to the extent that appropriated funds are expressly available for that purpose. Any such waiver shall be made under criteria to be prescribed by the Secretary.
(d) Persons Eligible To Participate in Program.— 
The Secretary shall prescribe standards and procedures for selection of persons for participation in the program.
(e) Regulations.— 
The Secretary of Defense shall prescribe regulations governing the conduct of the program.
(f) Authority to Accept Financial and Other Support.— 

(1) The Secretary of Defense and the Secretaries of the military departments may accept financial and other support for the program from other departments and agencies of the Federal Government, State governments, local governments, and not-for-profit and other organizations in the private sector.
(2) The Secretary of Defense shall remain the executive agent to carry out the program regardless of the source of funds for the program or any transfer of jurisdiction over the program within the executive branch.
(g) Annual Report.— 
Not later than 90 days after the end of each fiscal year, the Secretary of Defense shall submit to Congress a report on the program under this section. The report shall contain a discussion of the design and conduct of the program and an evaluation of the effectiveness of the program.
(h) State Defined.— 
In this section, the term State includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, and Guam.

10 USC 2194 - Education partnerships

(a) The Secretary of Defense shall authorize the director of each defense laboratory to enter into one or more education partnership agreements with educational institutions in the United States for the purpose of encouraging and enhancing study in scientific disciplines at all levels of education. The educational institutions referred to in the preceding sentence are local educational agency, colleges, universities, and any other nonprofit">nonprofit institutions that are dedicated to improving science, mathematics, and engineering education.
(b) Under a partnership agreement entered into with an educational institution under this section, the director of a defense laboratory may provide, and is encouraged to provide, assistance to the educational institution by
(1) loaning defense laboratory equipment to the institution for any purpose and duration in support of such agreement that the director considers appropriate;
(2) notwithstanding the provisions of subtitle I of title 40 and title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.) or any provision of law or regulation relating to transfers of surplus property, transferring to the institution any computer equipment, or other scientific equipment, that is
(A) commonly used by educational institutions;
(B) surplus to the needs of the defense laboratory; and
(C) determined by the director to be appropriate for support of such agreement;
(3) making laboratory personnel available to teach science courses or to assist in the development of science courses and materials for the institution;
(4) involving faculty and students of the institution in defense laboratory research projects;
(5) cooperating with the institution in developing a program under which students may be given academic credit for work on defense laboratory research projects; and
(6) providing academic and career advice and assistance to students of the institution.
(c) The Secretary of Defense shall ensure that the director of each defense laboratory shall give a priority under this section to entering into an education partnership agreement with one or more historically Black colleges and universities and other minority institutions referred to in paragraphs (3), (4), and (5) of section 312(b)1 of the Higher Education Act of 1965 (20 U.S.C. 1058 (b)).
(d) The Secretary of Defense shall ensure that, in entering into education partnership agreements under this section, the director of a defense laboratory gives a priority to providing assistance to educational institutions serving women, members of minority groups, and other groups of individuals who traditionally are involved in the engineering and science professions in disproportionately low numbers.
(e) In this section:
(1) The term defense laboratory means any laboratory, product center, test center, depot, training and educational organization, or operational command under the jurisdiction of the Department of Defense.
(2) The term local educational agency has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965.
[1] See References in Text note below.

10 USC 2195 - Department of Defense cooperative education programs

(a) The Secretary of Defense shall ensure that the director of each defense laboratory establishes, in association with one or more public or private colleges or universities in the United States or one or more consortia of colleges or universities in the United States, cooperative work-education programs for undergraduate and graduate students.
(b) Under a cooperative work-education program established under subsection (a), a director referred to in that subsection may, without regard to any applicable non-statutory limitation on the number of authorized personnel or on the aggregate amount of any personnel cost
(1) make an offer for participation in the cooperative work-education program directly to a student and appoint such student to an entry-level position of employment in the laboratory of such director;
(2) pay such person a rate of basic pay, not to exceed the maximum rate of pay provided for grade GS9 under the General Schedule under section 5332 of title 5, that is competitive with compensation levels provided for entry-level positions in similar industry-sponsored cooperative work-education programs;
(3) pay all travel expenses between the college or university in which the student is enrolled and the laboratory concerned for not more than six round trips per year; and
(4) pay all or part of such fees, charges, and costs related to the participation of such student in the cooperative work-education program as tuition, matriculation fees, charges for library and laboratory services, materials, and supplies, and the purchase or rental price of books.
(c) A director of a defense laboratory may
(1) require a student, as a condition for receiving payments referred to in subsection (b)(4), to enter into a written agreement to continue employment in such defense laboratory for a period of service specified in the agreement; or
(2) make such payments without requiring such an agreement.
(d) 
(1) The Director of the National Security Agency may provide a qualifying employee of a defense laboratory of that Agency with living quarters at no charge, or at a rate or charge prescribed by the Director by regulation, without regard to section 5911 (c) of title 5.
(2) In this subsection, the term qualifying employee means a student who is employed at the National Security Agency under
(A) a Student Educational Employment Program of the Agency conducted under this section or any other provision of law; or
(B) a similar cooperative or summer education program of the Agency that meets the criteria for Federal cooperative or summer education programs prescribed by the Office of Personnel Management.

10 USC 2196 - Manufacturing engineering education: grant program

(a) Establishment of Grant Program.— 

(1) The Secretary of Defense shall establish a program under which the Secretary makes grants to support
(A) the enhancement of existing programs in manufacturing engineering education; or
(B) the establishment of new programs in manufacturing engineering education that meet such requirements.
(2) Grants under this section may be made to institutions of higher education or to consortia of such institutions.
(3) The Secretary shall establish the program in consultation with the Secretary of Education, the Director of the National Science Foundation, and the Director of the Office of Science and Technology Policy.
(b) New Programs in Manufacturing Engineering Education.— 
A program in manufacturing engineering education to be established at an institution of higher education may be considered to be a new program for the purpose of subsection (a)(1)(B) regardless of whether the program is to be conducted
(1) within an existing department in a school of engineering of the institution;
(2) within a manufacturing engineering department to be established separately from the existing departments within such school of engineering; or
(3) within a manufacturing engineering school or center to be established separately from an existing school of engineering of such institution.
(c) Minimum Number of Grants for New Programs.— 
Of the total number of grants awarded pursuant to this section, at least one-third shall be awarded for the purpose stated in subsection (a)(1)(B).
(d) Geographical Distribution of Grants.— 
In awarding grants under this subsection, the Secretary shall, to the maximum extent practicable, avoid geographical concentration of grant awards.
(e) Coordination of Grant Program With the National Science Foundation.— 
The Secretary of Defense and the Director of the National Science Foundation shall enter into an agreement for carrying out the grant program established pursuant to this section. The agreement shall include procedures to ensure that the grant program is fully coordinated with similar existing programs of the National Science Foundation.
(f) Covered Programs.— 

(1) A program of engineering education supported with a grant awarded pursuant to this section shall meet the requirements of this section.
(2) Such a grant may be made for a program of education to be conducted at the undergraduate level, at the graduate level, or at both the undergraduate and graduate levels.
(g) Components of Program.— 
The program of education for which such a grant is made shall be a consolidated and integrated multidisciplinary program of education having each of the following components:
(1) Multidisciplinary instruction that encompasses the total manufacturing engineering enterprise and that may include
(A) manufacturing engineering education and training through classroom activities, laboratory activities, thesis projects, individual or team projects, and visits to industrial facilities, consortia, or centers of excellence in the United States and foreign countries;
(B) faculty development programs;
(C) recruitment of educators highly qualified in manufacturing engineering;
(D) presentation of seminars, workshops, and training for the development of specific research or education skills; and
(E) activities involving interaction between the institution of higher education conducting the program and industry, including programs for visiting scholars or industry executives.
(2) Opportunities for students to obtain work experience in manufacturing through such activities as internships, summer job placements, or cooperative work-study programs.
(3) Faculty and student research that is directly related to, and supportive of, the education of undergraduate or graduate students in advanced manufacturing science and technology because of
(A) the increased understanding of advanced manufacturing science and technology that is derived from such research; and
(B) the enhanced quality and effectiveness of the instruction that result from that increased understanding.
(h) Grant Proposals.— 
The Secretary of Defense, in coordination with the Director of the National Science Foundation, shall solicit from institutions of higher education in the United States (and from consortia of such institutions) proposals for grants to be made pursuant to this section for the support of programs of manufacturing engineering education that are consistent with the purposes of this section.
(i) Merit Competition.— 
Applications for grants shall be evaluated on the basis of merit pursuant to competitive procedures prescribed by the Secretary in consultation with the Director of the National Science Foundation.
(j) Selection Criteria.— 
The Secretary may select a proposal for the award of a grant pursuant to this section if the proposal, at a minimum, does each of the following:
(1) Contains innovative approaches for improving engineering education in manufacturing technology.
(2) Demonstrates a strong commitment by the proponents to apply the resources necessary to achieve the objectives for which the grant is to be made.
(3) Provides for the conduct of research that supports the instruction to be provided in the proposed program and is likely to improve manufacturing engineering and technology.
(4) Demonstrates a significant level of involvement of United States industry in the proposed instructional and research activities.
(5) Is likely to attract superior students.
(6) Proposes to involve fully qualified faculty personnel who are experienced in research and education in areas associated with manufacturing engineering and technology.
(7) Proposes a program that, within three years after the grant is made, is likely to attract from sources other than the Federal Government the financial and other support necessary to sustain such program.
(8) Proposes to achieve a significant level of participation by women, members of minority groups, and individuals with disabilities through active recruitment of students from among such persons.
(k) Federal Support.— 
The amount of financial assistance furnished to an institution under this section may not exceed 50 percent of the estimated cost of carrying out the activities proposed to be supported in part with such financial assistance for the period for which the assistance is to be provided.

10 USC 2197 - Manufacturing experts in the classroom

(a) Establishment of Program.— 
The Secretary of Defense, in consultation with the Secretary of Education and the Secretary of Commerce, shall conduct a program to support the following activities of one or more manufacturing experts at institutions of higher education:
(1) Identifying the education and training requirements of United States manufacturing firms located in the same geographic region as an institution participating in the program.
(2) Assisting in the development of teaching curricula for classroom and in-factory education and training classes at such an institution.
(3) Teaching such classes and overseeing the teaching of such classes by others.
(4) Improving the knowledge and expertise of permanent faculty and staff of such an institution.
(5) Marketing the programs and facilities of such an institution to firms referred to in paragraph (1).
(6) Coordinating the activities described in the other provisions of this subsection with other programs conducted by the Federal Government, any State, any local government, or any private, nonprofit">nonprofit organization to modernize United States manufacturing firms, especially the regional centers for the transfer of manufacturing technology and programs receiving financial assistance under section 2196 of this title.
(b) Merit Competition.— 
Applications for assistance under this section shall be evaluated on the basis of merit pursuant to competitive procedures prescribed by the Secretary.
(c) Selection Criteria.— 
The Secretary shall select institutions for the award of financial assistance under this section from among institutions submitting applications for such assistance that
(1) demonstrate that the proposed activities are of an appropriate scale and a sufficient quality to ensure long term improvement in the applicants capability to serve the education and training needs of United States manufacturing firms in the same region as the applicant;
(2) demonstrate a significant level of industry involvement and support;
(3) demonstrate attention to the needs of any United States industries that supply manufactured products to the Department of Defense or to a contractor of the Department of Defense; and
(4) meet such other criteria as the Secretary may prescribe.
(d) Federal Support.— 
The amount of financial assistance furnished to an institution under this section may not exceed 50 percent of the estimated cost of carrying out the activities proposed to be supported in part with such financial assistance for the period for which the assistance is to be provided. In no event may the amount of the financial assistance provided to an institution exceed $250,000 per year. The period for which financial assistance is provided an institution under this section shall be at least two years unless such assistance is earlier terminated for cause determined by the Secretary.
(e) Manufacturing Expert Defined.— 
In this section, the term manufacturing expert means manufacturing managers and workers having experience in the organization of production and education and training needs and other experts in manufacturing.

10 USC 2198 - Management training program in Japanese language and culture

(a) The Secretary of Defense, in coordination with the National Science Foundation, shall establish a program for the making of grants on a competitive basis to United States institutions of higher education and other United States not-for-profit organizations for the conduct of programs for scientists, engineers, and managers to learn Japanese language and culture.
(b) The Secretary of Defense shall prescribe in regulations the criteria for awarding a grant under the program for activities of an institution or organization referred to in subsection (a), including the following:
(1) Whether scientists, engineers, and managers of defense laboratories and Department of Energy laboratories are permitted a level of participation in such activities that is beneficial to the development and application of defense critical technologies by such laboratories.
(2) Whether such activities include the placement of United States scientists, engineers, and managers in Japanese government and industry laboratories
(A) to improve the knowledge of such scientists, engineers, and managers in
(i)  Japanese language and culture, and
(ii)  the research and development and management practices of such laboratories; and
(B) to provide opportunities for the encouragement of technology transfer from Japan to the United States.
(3) Whether an appropriate share of the costs of such activities will be paid out of funds derived from non-Federal Government sources.
(c) In this section, the term defense critical technology means a technology that is identified under section 2505 of this title as critical for attaining the national security objectives set forth in section 2501 (a) of this title.

10 USC 2199 - Definitions

In this chapter:
(1) The term defense laboratory means a laboratory operated by the Department of Defense or owned by the Department of Defense and operated by a contractor or a facility of a Defense Agency at which research and development activities are conducted.
(2) The term institution of higher education has the meaning given such term in section 101 of the Higher Education Act of 1965.
(3) The term regional center for the transfer of manufacturing technology means a regional center for the transfer of manufacturing technology referred to in section 25(a) of the National Institute of Standards and Technology Act (15 U.S.C. 278k).

TITLE 10 - US CODE - CHAPTER 112 - INFORMATION SECURITY SCHOLARSHIP PROGRAM

10 USC 2200 - Programs; purpose

(a) In General.— 
To encourage the recruitment and retention of Department of Defense personnel who have the computer and network security skills necessary to meet Department of Defense information assurance requirements, the Secretary of Defense may carry out programs in accordance with this chapter to provide financial support for education in disciplines relevant to those requirements at institutions of higher education.
(b) Types of Programs.— 
The programs authorized under this chapter are as follows:
(1) Scholarships for pursuit of programs of education in information assurance at institutions of higher education.
(2) Grants to institutions of higher education.

10 USC 2200a - Scholarship program

(a) Authority.— 
The Secretary of Defense may, subject to subsection (g), provide financial assistance in accordance with this section to a person
(1) who is pursuing an associate, baccalaureate, or advanced degree, or a certification, in an information assurance discipline referred to in section 2200 (a) of this title at an institution of higher education; and
(2) who enters into an agreement with the Secretary as described in subsection (b).
(b) Service Agreement for Scholarship Recipients.— 

(1) To receive financial assistance under this section
(A) a member of the armed forces shall enter into an agreement to serve on active duty in the members armed force for the period of obligated service determined under paragraph (2);
(B) an employee of the Department of Defense shall enter into an agreement to continue in the employment of the department for the period of obligated service determined under paragraph (2); and
(C) a person not referred to in subparagraph (A) or (B) shall enter into an agreement
(i) to enlist or accept a commission in one of the armed forces and to serve on active duty in that armed force for the period of obligated service determined under paragraph (2); or
(ii) to accept and continue employment in the Department of Defense for the period of obligated service determined under paragraph (2).
(2) For the purposes of this subsection, the period of obligated service for a recipient of financial assistance under this section shall be the period determined by the Secretary of Defense as being appropriate to obtain adequate service in exchange for the financial assistance and otherwise to achieve the goals set forth in section 2200 (a) of this title. In no event may the period of service required of a recipient be less than the period equal to three-fourths of the total period of pursuit of a degree for which the Secretary agrees to provide the recipient with financial assistance under this section. The period of obligated service is in addition to any other period for which the recipient is obligated to serve on active duty or in the civil service, as the case may be.
(3) An agreement entered into under this section by a person pursuing an academic degree shall include terms that provide the following:
(A) That the period of obligated service begins on a date after the award of the degree that is determined under the regulations prescribed under section 2200d of this title.
(B) That the person will maintain satisfactory academic progress, as determined in accordance with those regulations, and that failure to maintain such progress constitutes grounds for termination of the financial assistance for the person under this section.
(C) Any other terms and conditions that the Secretary of Defense determines appropriate for carrying out this section.
(c) Amount of Assistance.— 
The amount of the financial assistance provided for a person under this section shall be the amount determined by the Secretary of Defense as being necessary to pay all educational expenses incurred by that person, including tuition, fees, cost of books, laboratory expenses, and expenses of room and board. The expenses paid, however, shall be limited to those educational expenses normally incurred by students at the institution of higher education involved.
(d) Use of Assistance for Support of Internships.— 
The financial assistance for a person under this section may also be provided to support internship activities of the person at the Department of Defense in periods between the academic years leading to the degree for which assistance is provided the person under this section.
(e) Repayment for Period of Unserved Obligated Service.— 

(1) A member of an armed force who does not complete the period of active duty specified in the service agreement under section[1] (b) shall be subject to the repayment provisions of section 303a (e) of title 37.
(2) A civilian employee of the Department of Defense who voluntarily terminates service before the end of the period of obligated service required under an agreement entered into under subsection (b) shall be subject to the repayment provisions of section 303a (e) of title 37 in the same manner and to the same extent as if the civilian employee were a member of the armed forces.
(f) Allocation of Funding.— 
Not less than 50 percent of the amount available for financial assistance under this section for a fiscal year shall be available only for providing financial assistance for the pursuit of degrees referred to in subsection (a) at institutions of higher education that have established, improved, or are administering programs of education in information assurance under the grant program established in section 2200b of this title, as determined by the Secretary of Defense.
[1] So in original. Probably should be “subsection”.

10 USC 2200b - Grant program

(a) Authority.— 
The Secretary of Defense may provide grants of financial assistance to institutions of higher education to support the establishment, improvement, or administration of programs of education in information assurance disciplines referred to in section 2200 (a) of this title.
(b) Purposes.— 
The proceeds of grants under this section may be used by an institution of higher education for the following purposes:
(1) Faculty development.
(2) Curriculum development.
(3) Laboratory improvements.
(4) Faculty research in information security.

10 USC 2200c - Centers of Academic Excellence in Information Assurance Education

In the selection of a recipient for the award of a scholarship or grant under this chapter, consideration shall be given to whether
(1) in the case of a scholarship, the institution at which the recipient pursues a degree is a Center of Academic Excellence in Information Assurance Education; and
(2) in the case of a grant, the recipient is a Center of Academic Excellence in Information Assurance Education.

10 USC 2200d - Regulations

The Secretary of Defense shall prescribe regulations for the administration of this chapter.

10 USC 2200e - Definitions

In this chapter:
(1) The term information assurance includes the following:
(A) Computer security.
(B) Network security.
(C) Any other information technology that the Secretary of Defense considers related to information assurance.
(2) The term institution of higher education has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
(3) The term Center of Academic Excellence in Information Assurance Education means an institution of higher education that is designated by the Director of the National Security Agency as a Center of Academic Excellence in Information Assurance Education.

10 USC 2200f - Inapplicability to Coast Guard

This chapter does not apply to the Coast Guard when it is not operating as a service in the Navy.