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Title 10 — Armed Forces

Part III · Chapter 102 — Junior Reserve Officers’ Training Corps

§ 2031. Junior Reserve Officers’ Training Corps

Statutory text

(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, including Job Corps centers as defined in section 147 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3197), which apply for a unit and meet the standards and criteria prescribed pursuant to this section. The Secretary of Defense 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.

(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 (including an introduction to service opportunities in military, national, and public service), and personal responsibility and a sense of accomplishment.

(b)
(1)

No unit may be established or maintained at an institution unless—

(A)

the number of physically fit students in such unit who are in a grade above the 7th grade and physically co-located with the 9th grade participating unit and are citizens or nationals of the United States, or aliens lawfully admitted to the United States for permanent residence, is—

(i)

in the case of an educational institution with fewer than 1,000 enrolled students, the lesser of—

(I)

10 percent of the number of such students who are in a grade above the 7th grade and physically co-located with the 9th grade participating unit; and

(II)

50; or

(ii)

in the case of an educational institution with 1,000 or more enrolled students—

(I)

50; or

(II)

a number, determined by the Secretary of the military department concerned, that is higher than 50 and not more than 100;

(B)

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;

(C)

the institution provides a course of military instruction of not less than three academic years’ duration and which may include instruction or activities in the fields of science, technology, engineering, and mathematics, as prescribed by the Secretary of the military department concerned, or is a Job Corps center as defined in section 147 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3197);

(D)

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

(E)

the unit meets such other requirements as the Secretary of the military department concerned prescribes in the memorandum of understanding required under paragraph (2).

(2)

The Secretary of Defense shall prescribe in regulations a memorandum of understanding to be signed by the Secretary of the military department concerned and each institution operating a unit under this section. The memorandum shall be standardized to the extent practicable and include the following elements:

(A)

A requirement that an institution notify the Secretary of the military department concerned of allegations of misconduct (including sexual misconduct and harassment) against an instructor who is receiving retired or other pay, not later than 48 hours after such institution learns of such allegations.

(B)

A process by which the Secretary of the military department concerned certifies an instructor, including the conduct of appropriate background checks by such Secretary and the institution concerned.

(C)

A process by which the Secretary of the military department concerned shall conduct oversight of instructors certified by such Secretary, including a requirement that such certification shall expire after not more than five years.

(D)

Processes by which such institution’s program will be inspected by the military department concerned prior to establishment of a new unit, or not less often than once every four years in the case of units existing as of , staggered as the Secretary determines appropriate.

(E)

A requirement that each institution certifies it—

(i)

has created a process for students to report violations of their rights under title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), as applicable, and title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), including the rights of students to not be subject to discrimination or subject to retaliation for reporting a violation of those laws, if such laws apply to the public or private institution;

(ii)

has implemented policies ensuring students and instructors are notified of those rights, as well as the process for reporting violations of those rights, including information on available mandatory reporters, if such laws apply to the institution;

(iii)

has implemented annual training to inform students of methods to prevent, respond to, and report sexual assault and harassment;

(iv)

agrees to report all allegations of violations described in this subparagraph to the military department concerned and, if subject to the jurisdiction of the Department of Education, the Office of Civil Rights of the Department of Education not less often than annually;

(v)

has developed processes to ensure that each student enrolled in a unit under this section has done so voluntarily; and

(vi)

agrees to provide the data necessary to compile the report under subsection (j).

(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;

(3)

establish minimum acceptable standards for performance and achievement for qualified units; and

(4)

maintain a prioritized waiting list that includes all secondary educational institutions that have made a request for a unit under this section and have not yet been approved by the Secretary concerned, and prescribe regulations describing the factors to be considered in assigning priority, including the length of time an institution has been waiting for a unit.

(d)
(1)

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—

(A)

retired officers and noncommissioned officers whose qualifications are approved by the Secretary and the institution concerned and who request such employment;

(B)

officers and noncommissioned officers who are separated with an honorable discharge within the past 5 years with at least 8 years of service and are approved by the Secretary and the institution concerned and who request such employment; or

(C)

officers and noncommissioned officers who are active participating members of the selected reserve at the time of application, for purposes of section 101(d) of this title, and have not yet reached retirement eligibility and are approved by the Secretary and the institution concerned and who request such employment.

(2)

Employment under this subsection shall be subject to the following conditions:

(A)

The Secretary concerned shall pay to the institution an amount equal to one-half of the Department’s prescribed JROTC Standardized Instructor Pay Scale amount paid to the member by the institution for any period.

(B)

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)—

(i)

the institution is in an educationally and economically deprived area; and

(ii)

the Secretary determines that such action is in the national interest.

(C)

Payments by the Secretary concerned under this subsection shall be made from funds appropriated for that purpose.

(D)

The Secretary concerned may require successful applicants to transfer to the Individual Ready Reserve.

(3)

The Secretary concerned may not require an officer or noncommissioned officer described in paragraph (1)(B) to have completed more than 8 years of service as a member of the armed forces as a condition for approval by the Secretary to serve as an administrator or instructor in the program.

(e)
(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.

(f)
(1)

Each public secondary educational institution that maintains a unit under this section shall permit membership in the unit to homeschooled students residing in the area served by the institution who are qualified for membership in the unit (but for lack of enrollment in the institution).

(2)

A student who is a member of a unit pursuant to this subsection shall count toward the satisfaction by the institution concerned of the requirement in subsection (b)(1) relating to the minimum number of student members in the unit necessary for the continuing maintenance of the unit.

(g)

No unit may be established or maintained at an educational institution that is owned, operated, or controlled by a person that—

(1)

is the People’s Republic of China;

(2)

is a member of the Chinese Communist Party;

(3)

is a member of the People’s Liberation Army;

(4)

is identified by the Secretary of Defense under section 1260H(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (10 U.S.C. 113 note) as a Chinese military company;

(5)

is included in the Non-SDN Chinese Military-Industrial Complex Companies List published by the Department of the Treasury; or

(6)

is owned by or controlled by or is an agency or instrumentality of any person described in paragraphs (1) through (5).

(h)
(1)

The Secretary of Defense may suspend or place on probation a unit of the Junior Reserve Officers’ Training Corps that fails to comply with the provisions of the memorandum of understanding required pursuant to subsection (b) or any other requirement of this section.

(2)

A unit may be placed on probation under paragraph (1) for a period of up to three years.

(3)

A unit may be suspended under paragraph (1) if, after the three-year probationary period, such unit remains out of compliance with the requirements of this section and the Secretary of the military department concerned determines that such suspension is necessary to mitigate program deficiencies or to protect the safety of program participants.

(i)
(1)

The Secretary of Defense shall establish and support not fewer than 3,400, and not more than 4,000, units of the Junior Reserve Officers’ Training Corps.

(2)

The requirement under paragraph (1) shall not apply—

(A)

if the Secretary fails to receive an adequate number of requests for Junior Reserve Officer’s Training Corps units by public and private secondary educational institutions; and

(B)

during a time of national emergency when the Secretaries of the military departments determine that funding must be allocated elsewhere.

(j)
(1)

Not later than , and annually thereafter through , the Secretary of Defense shall submit to Committees on Armed Services of the Senate and the House of Representatives a report on allegations of sexual misconduct, sexual harassment, and sex discrimination in Junior Reserve Officers’ Training Corps programs during the preceding year.

(2)

Each report required under paragraph (1) shall set forth the following:

(A)

The number of reported allegations of violations under title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) in school-affiliated Junior Reserve Officers’ Training Corps programs, including—

(i)

the number of such reported allegations that were investigated;

(ii)

the outcome of those investigations; and

(iii)

the number of such reported allegations by State, the District of Columbia, or overseas location where these reports occurred.

(B)

The number of reports that the Department of Defense or armed forces have received during the reporting period involving allegations of acts of violence, including sexual abuse or harassment, by instructors against students in Junior Reserve Officers’ Training Corps programs, including—

(i)

the offense involved;

(ii)

the armed force involved;

(iii)

the number of instructors and number of allegations each instructor received;

(iv)

the number of reports of sexual misconduct and harassment that have been investigated;

(v)

the number of reports or investigations that have led to the removal of an instructor from a Junior Reserve Officers’ Training Corps program; and

(vi)

the number of such reported allegations by State, the District of Columbia, or overseas location where these reports occurred.

(C)

Any steps the Department of Defense has taken to mitigate sexual misconduct and harassment in Junior Reserve Officers’ Training Corps programs during the preceding year.

(3)

Each report required under paragraph (1) shall be submitted in unclassified form and may not be designated as controlled unclassified information.

(4)

The Secretary shall annually report to the Committees on Armed Services of the Senate and the House of Representatives regarding compliance with this subsection by the Junior Reserve Officers’ Training Corps programs, including an up-to-date report on the Secretary’s monitoring of such compliance.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Reserve Officers’ Training Corps Vitalization Act of 1964

    Pub. L. 88–647 title I § 101(1) · 78 Stat. 1063

    Enacted · 10 U.S.C. § 2031

    Added Pub. L. 88–647, title I, § 101(1), Oct. 13, 1964, 78 Stat. 1063

    Source evidence

    Code source credit
    Added Pub. L. 88–647, title I, § 101(1), Oct. 13, 1964, 78 Stat. 1063

    Enacted provision · exact public law section
    (1) Subtitle A is amended by adding the following new chapter after chapter 101: 70A Stat. 119. 10 USC 2001. “CHAPTER 102.— JUNIOR RESERVE OFFICERS’ TRAINING CORPS “Sec. “2031. Junior Reserve Officers’ Training Corps. “§ 2031. Junior Reserve Officers’ Training Corps “(a) 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. Not more than 200 units may be established by all of the military departments each year beginning with the calendar year 1966, and the total number of units which may be established and maintained by all of the military departments under authority of this section, including those units already established on the date of enactment of this section, may not exceed 1,200. 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. “(b) No unit may be established or maintained at an institution unless— “(1) the unit contains at least 100 physically fit male students who are at least 14 years of age and are citizens of the United States; “(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; and “(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. “(c) The Secretary of the military department concerned shall, to support the Junior Reserve Officers’ Training Corps program— “(1) detail noncommissioned and commissioned 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 “(3) establish minimum acceptable standards for performance and achievement for qualified units. “(d) Instead of, or in addition to, detailing noncommissioned and commissioned 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 noncommissioned and commissioned officers, 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) retired members so employed are entitled to receive their retired or retainer pay and an additional amount of not more than the difference between their retired pay and the active duty pay and allowances which they would receive if ordered to active duty, and one-half of that additional amount shall be paid to the institution concerned by the Secretary of the military department concerned 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.”

  2. Pub. L. 89–718 § 16 · 80 Stat. 1113

    Changed · 10 U.S.C. § 2031(d)

    Pub. L. 89–718 capitalized first letter of first word in cls. (1) and (2)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 89–718 capitalized first letter of first word in cls. (1) and (2).

    Enacted provision · exact public law section
    Sec. 16. Section 2031 (d) of title 10, United States Code, is 78 Stat. 1063. amended— (1) by striking out “retired” at the beginning of clause (1) and inserting in place thereof “Retired”; and (2) by striking out “notwithstanding” at the beginning of clause (2) and inserting in place thereof “Notwithstanding”.

  3. Pub. L. 90–83 § 3(4) · 81 Stat. 195

    Substituted · 10 U.S.C. § 2031(c); 10 U.S.C. § 2031(d)

    Pub. L. 90–83 substituted “officers and noncommissioned officers” for “noncommissioned and commissioned officers” wherever appearing

    Source evidence

    Code amendment note
    Subsecs. (c), (d). Pub. L. 90–83 substituted “officers and noncommissioned officers” for “noncommissioned and commissioned officers” wherever appearing.

    Enacted provision · exact public law section
    (4) In subsections (c) and (d) of section 2031, strike out the words “noncommissioned and commissioned officers” wherever they appear and insert “officers and noncommissioned officers” in place thereof.

  4. Pub. L. 93–165 · 87 Stat. 660

    Substituted · 10 U.S.C. § 2031(b)(1)

    Pub. L. 93–165 substituted “physically fit students” for “physically fit male students”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 93–165 substituted “physically fit students” for “physically fit male students”.

  5. Department of Defense Appropriation Authorization Act, 1977

    Pub. L. 94–361 title VIII § 807 · 90 Stat. 923

    Changed · 10 U.S.C. § 2031(a)

    Pub. L. 94–361 increased total number of units authorized to be established to 1,600 from 1,200 and limited the military institutes to establishment and maintenance of only one unit

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 94–361 increased total number of units authorized to be established to 1,600 from 1,200 and limited the military institutes to establishment and maintenance of only one unit.

    Enacted provision · exact public law section
    Sec. 807. Section 2031(a) of title 10, United States Code, is amended by striking out “1,200” in the second sentence and inserting in lieu thereof “1,600” and by striking out the period at the end and inserting in lieu thereof a comma and the following: “except that more than one such unit may be established and maintained at any military institute.”.

  6. Pub. L. 95–358 · 92 Stat. 592

    Inserted · 10 U.S.C. § 2031(b)(1)

    Pub. L. 95–358 inserted “or nationals” after “citizens”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 95–358 inserted “or nationals” after “citizens”.

  7. Department of Defense Authorization Act, 1985

    Pub. L. 98–525 § 1405(32) · 98 Stat. 2492

    Substituted · 10 U.S.C. § 2031(a)

    Pub. L. 98–525, § 1405(32), substituted “October 13, 1964” for “the date of enactment of this section”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 98–525, § 1405(32), substituted “October 13, 1964” for “the date of enactment of this section”.

    Enacted provision · exact public law section
    (32) Section 2031(a) is amended by striking out “the date of enactment of this section” and inserting in lieu thereof “October 13, 1964”.

  8. Department of Defense Authorization Act, 1985

    Pub. L. 98–525 § 422(1) · 98 Stat. 2492

    Substituted · 10 U.S.C. § 2031(b)(1)

    Pub. L. 98–525, § 422(1), substituted “the number of physically fit students in such unit who are at least 14 years of age and are citizens or nationals of the United States is not less than (A) 10 percent of the number of students enrolled in the institution who are at least 14 years of age, or (B) 100, whichever is less” for “the unit contains at least 100 physically fit students who are at least 14 years of age and are citizens or nationals of the United States”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 98–525, § 422(1), substituted “the number of physically fit students in such unit who are at least 14 years of age and are citizens or nationals of the United States is not less than (A) 10 percent of the number of students enrolled in the institution who are at least 14 years of age, or (B) 100, whichever is less” for “the unit contains at least 100 physically fit students who are at least 14 years of age and are citizens or nationals of the United States”.

    Enacted provision · exact public law section
    (1) by striking out clause (1) and inserting in lieu thereof the following: “(1) the number of physically fit students in such unit who are at least 14 years of age and are citizens or nationals of the United States is not less than (A) 10 percent of the number of students enrolled in the institution who are at least 14 years of age, or (B) 100, whichever is less;”;

  9. Department of Defense Authorization Act, 1985

    Pub. L. 98–525 § 422(2) · 98 Stat. 2492

    Added · 10 U.S.C. § 2031(b)(5)

    Pub. L. 98–525, § 422(2)–(4), added par. (5)

    Source evidence

    Code amendment note
    Subsec. (b)(5). Pub. L. 98–525, § 422(2)–(4), added par. (5).

    Enacted provision · exact public law section
    (2) by striking out “and” at the end of clause (3);

  10. Defense Technical Corrections Act of 1987

    Pub. L. 100–26 § 7(i)(3) · 101 Stat. 273

    Struck · 10 U.S.C. § 2031(a)

    Pub. L. 100–26 struck out “beginning with the calendar year 1966” after “each year” in second sentence

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 100–26 struck out “beginning with the calendar year 1966” after “each year” in second sentence.

    Enacted provision · exact public law section
    (3) Section 2031(a) is amended by striking out “beginning with the calendar year 1966”.

  11. National Defense Authorization Act for Fiscal Year 1993

    Pub. L. 102–484 § 533(a) · 106 Stat. 2315

    1. Amended · 10 U.S.C. § 2031(a)

      Pub. L. 102–484, § 533(a), (b), designated existing provisions as par. (1)

    2. Substituted · 10 U.S.C. § 2031(a)

      Pub. L. 102–484, § 533(a), (b), substituted “3,500” for “1,600”

    3. Added · 10 U.S.C. § 2031(a)

      Pub. L. 102–484, § 533(a), (b), added par. (2)

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 102–484, § 533(a), (b), designated existing provisions as par. (1), substituted “3,500” for “1,600”, and added par. (2).

    Enacted provision · exact public law section
    (a) Increase in Authorized Number of Units.— Subsection (a) of section 2031 of title 10, United States Code, is amended in the second sentence by striking out “1,600” and inserting in lieu thereof “3,500”.

  12. National Defense Authorization Act for Fiscal Year 1993

    Pub. L. 102–484 § 533(c) · 106 Stat. 2315

    1. Substituted · 10 U.S.C. § 2031(b)(1)

      Pub. L. 102–484, § 533(c), substituted “in a grade above the 8th grade” for “at least 14 years of age” in two places

    2. Inserted · 10 U.S.C. § 2031(b)(1)

      Pub. L. 102–484, § 533(c), inserted “, or aliens lawfully admitted to the United States for permanent residence,” after “of the United States”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 102–484, § 533(c), substituted “in a grade above the 8th grade” for “at least 14 years of age” in two places and inserted “, or aliens lawfully admitted to the United States for permanent residence,” after “of the United States”.

    Enacted provision · exact public law section
    (c) Requirements for Enrollment.— Subsection (b)(1) of such section is amended— (1) by striking out “at least 14 years of age” both places it appears and inserting in lieu thereof “in a grade above the 8th grade”; and (2) by inserting “, or aliens lawfully admitted to the United States for permanent residence,” after “of the United States”.

  13. National Defense Authorization Act for Fiscal Year 1993

    Pub. L. 102–484 § 533(d) · 106 Stat. 2315

    Inserted · 10 U.S.C. § 2031(c)(2)

    Pub. L. 102–484, § 533(d), inserted before semicolon “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”

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 102–484, § 533(d), inserted before semicolon “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”.

    Enacted provision · exact public law section
    (d) Resources Provided by Department of Defense.— Subsection (c)(2) of such section is amended by inserting before the semicolon the following: “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”.

  14. National Defense Authorization Act for Fiscal Year 1993

    Pub. L. 102–484 § 533(e)(1) · 106 Stat. 2315

    Amended · 10 U.S.C. § 2031(d)(1)

    Pub. L. 102–484, § 533(e)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “Retired members so employed are entitled to receive their retired or retainer pay and an additional amount of not more than the difference between their retired pay and the active duty pay and allowances which they would receive if ordered to active duty, and one-half of that additional amount shall be paid to the institution concerned by the Secretary of the military department concerned from funds appropriated for that purpose.”

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 102–484, § 533(e)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “Retired members so employed are entitled to receive their retired or retainer pay and an additional amount of not more than the difference between their retired pay and the active duty pay and allowances which they would receive if ordered to active duty, and one-half of that additional amount shall be paid to the institution concerned by the Secretary of the military department concerned from funds appropriated for that purpose.”

    Enacted provision · exact public law section
    (1) Paragraph (1) of subsection (d) of such section is amended to read as follows: “(1) A retired member so employed is entitled to receive the member’s 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 member’s 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.”.

  15. Pub. L. 103–160 div. A title XI § 1182(g)(1) · 107 Stat. 1547

    Substituted · 10 U.S.C. § 2031(a)(1)

    Pub. L. 103–160 substituted “The” for “Not more than 200 units may be established by all of the military departments each year, and the” in second sentence

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 103–160 substituted “The” for “Not more than 200 units may be established by all of the military departments each year, and the” in second sentence.

    Enacted provision · exact public law section
    (1) Section 2031(a)(1) is amended by striking out “Not more than 200 units may be established by all of the military departments each year, and the” in the second sentence and inserting in lieu thereof “The”.

  16. National Defense Authorization Act for Fiscal Year 2002

    Pub. L. 107–107 div. A title V § 537 · 115 Stat. 1012

    Struck · 10 U.S.C. § 2031(a)(1)

    Pub. L. 107–107 struck out after first sentence “The total number of units which may be established and maintained by all of the military departments under authority of this section, including those units already established on October 13, 1964, may not exceed 3,500.”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 107–107 struck out after first sentence “The total number of units which may be established and maintained by all of the military departments under authority of this section, including those units already established on October 13, 1964, may not exceed 3,500.”

    Enacted provision · exact public law section
    SEC. 537. REPEAL OF LIMITATION ON NUMBER OF JUNIOR RESERVE OFFICERS’ TRAINING CORPS UNITS. Section 2031(a)(1) of title 10, United States Code, is amended by striking the second sentence.

  17. John Warner National Defense Authorization Act for Fiscal Year 2007

    Pub. L. 109–364 § 540(b) · 120 Stat. 2083

    Inserted · 10 U.S.C. § 2031(d)

    Pub. L. 109–364, § 540(b), inserted “who are in receipt of retired pay” after “retired officers and noncommissioned officers” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 109–364, § 540(b), inserted “who are in receipt of retired pay” after “retired officers and noncommissioned officers” in introductory provisions.

    Enacted provision · exact public law section
    (b) Clarification of Status of Retired Members Providing Instruction.— Subsection (d) of such section is amended in the matter preceding paragraph (1) by inserting “who are in receipt of retired pay” after “retired officers and noncommissioned officers”.

  18. John Warner National Defense Authorization Act for Fiscal Year 2007

    Pub. L. 109–364 § 540(a) · 120 Stat. 2083

    Added · 10 U.S.C. § 2031(e)

    Pub. L. 109–364, § 540(a), added subsec. (e)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 109–364, § 540(a), added subsec. (e).

    Enacted provision · exact public law section
    (a) Eligibility of “Gray-Area” Guard and Reserve Members.— Section 2031 of title 10, United States Code, is amended by adding at the end the following new subsection: “(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.” .

  19. National Defense Authorization Act for Fiscal Year 2008

    Pub. L. 110–181 div. A title VI § 635 · 122 Stat. 3

    Added · 10 U.S.C. § 2031(f)

    Pub. L. 110–181 added subsec. (f)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 110–181 added subsec. (f).

    Enacted provision · exact public law section
    SEC. 635. PAYMENT OF MOVING EXPENSES FOR JUNIOR RESERVE OFFICERS’ TRAINING CORPS INSTRUCTORS IN HARD-TO-FILL POSITIONS.   Section 2031 of title 10, United States Code, is amended by adding at the end the following new subsection: “(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.” .

  20. National Defense Authorization Act for Fiscal Year 2020

    Pub. L. 116–92 § 511 · 133 Stat. 1198

    Substituted · 10 U.S.C. § 2031(b)(1)

    Pub. L. 116–92, § 511, substituted “above the 7th grade and physically co-located with the 9th grade participating unit” for “above the 8th grade” in two places

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 116–92, § 511, substituted “above the 7th grade and physically co-located with the 9th grade participating unit” for “above the 8th grade” in two places.

    Enacted provision · exact public law section
    SEC. 511. MODIFICATION OF GRADE LEVEL THRESHOLD FOR JUNIOR RESERVE OFFICERS’ TRAINING CORPS.   Section 2031(b)(1) of title 10, United States Code, is amended by striking “above the 8th grade” each place it appears and inserting “above the 7th grade and physically co-located with the 9th grade participating unit”.

  21. National Defense Authorization Act for Fiscal Year 2020

    Pub. L. 116–92 § 512(a) · 133 Stat. 1198

    Inserted · 10 U.S.C. § 2031(b)(3)

    Pub. L. 116–92, § 512(a), inserted “and which may include instruction or activities in the fields of science, technology, engineering, and mathematics” after “duration”

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 116–92, § 512(a), inserted “and which may include instruction or activities in the fields of science, technology, engineering, and mathematics” after “duration”.

    Enacted provision · exact public law section
    (a) In General.— Section 2031(b)(3) of title 10, United States Code, is amended by inserting “and which may include instruction or activities in the fields of science, technology, engineering, and mathematics” after “duration”.

  22. National Defense Authorization Act for Fiscal Year 2020

    Pub. L. 116–92 § 513 · 133 Stat. 1198

    Added · 10 U.S.C. § 2031(g)

    Pub. L. 116–92, § 513, added subsec. (g)

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 116–92, § 513, added subsec. (g).

    Enacted provision · exact public law section
    SEC. 513. INCLUSION OF HOMESCHOOLED STUDENTS IN JUNIOR RESERVE OFFICERS’ TRAINING CORPS UNITS.   Section 2031 of title 10, United States Code, is amended by adding at the end the following new subsection: “(g) (1) Each public secondary educational institution that maintains a unit under this section shall permit membership in the unit to homeschooled students residing in the area served by the institution who are qualified for membership in the unit (but for lack of enrollment in the institution). “(2) A student who is a member of a unit pursuant to this subsection shall count toward the satisfaction by the institution concerned of the requirement in subsection (b)(1) relating to the minimum number of student members in the unit necessary for the continuing maintenance of the unit.” .

  23. William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 div. A title V § 512 · 134 Stat. 3388

    Inserted · 10 U.S.C. § 2031(a)(2)

    Pub. L. 116–283 inserted “(including an introduction to service opportunities in military, national, and public service)” after “service to the United States”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 116–283 inserted “(including an introduction to service opportunities in military, national, and public service)” after “service to the United States”.

    Enacted provision · exact public law section
    SEC. 512. EXPANSION OF JUNIOR RESERVE OFFICERS’ TRAINING CORPS PROGRAM.   Section 2031(a)(2) of title 10, United States Code, is amended by inserting after “service to the United States” the following: “(including an introduction to service opportunities in military, national, and public service)”.

  24. James M. Inhofe National Defense Authorization Act for Fiscal Year 2023

    Pub. L. 117–263 div. A title V § 512(a) · 136 Stat. 2395

    1. Added · 10 U.S.C. § 2031(f)(h)

      Pub. L. 117–263 added subsec. (f)

    2. Redesignated · 10 U.S.C. § 2031(f)(h)

      Pub. L. 117–263 redesignated former subsecs. (f) and (g) as (g) and (h), respectively

    Source evidence

    Code amendment note
    Subsecs. (f) to (h). Pub. L. 117–263 added subsec. (f) and redesignated former subsecs. (f) and (g) as (g) and (h), respectively.

    Enacted provision · exact public law section
    (a) In General.— Section 2031 of title 10, United States Code, is amended— (1) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; and (2) by inserting after subsection (e) the following new subsection: “(f) (1) Instead of, or in addition to, detailing officers and noncommissioned officers on active duty under subsection (c)(1) or authorizing the employment of retired officers and noncommissioned officers under subsection (d) or (e), the Secretary of the military department concerned may authorize qualified institutions to employ as administrators and instructors in the program officers or noncommissioned officers who— “(A) (i) receive honorable discharges— “(I) after completing at least eight years of service; and “(II) not longer than five years before applying for such employment; or “(ii) (I) are in an active status; and “(II) who are not yet eligible for retired pay; and “(B) apply for such employment. “(2) The Secretary of the military department concerned shall pay to the institution an amount equal to one-half of the amount to be paid to an instructor pursuant to the JROTC Instructor Pay Scale for any period. “(3) Notwithstanding the limitation in paragraph (2), the Secretary of the military department concerned may pay to the institution more than one-half of the amount paid to the member by the institution if, as determined by such Secretary— “(A) the institution is in an educationally and economically deprived area; and “(B) such action is in the national interest. “(4) Payments under this subsection shall be made from funds appropriated for that purpose. “(5) The Secretary of the military department concerned may require an officer or noncommissioned officer employed under this subsection to transfer to the Individual Ready Reserve as a condition of such employment.” .

  25. National Defense Authorization Act for Fiscal Year 2024

    Pub. L. 118–31 § 551(1)(B) · 137 Stat. 136

    Substituted · 10 U.S.C. § 2031(a)(1)

    Pub. L. 118–31, § 551(1)(B), which directed substitution of “maintained.” for “ ‘maintained, and shall provide’ and all that follows through the period at the end”, was executed by making the substitution for “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.”, to reflect the probable intent of Congress

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 118–31, § 551(1)(B), which directed substitution of “maintained.” for “ ‘maintained, and shall provide’ and all that follows through the period at the end”, was executed by making the substitution for “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.”, to reflect the probable intent of Congress.

    Enacted provision · exact public law section
    (B) by striking “maintained, and shall provide” and all that follows through the period at the end and inserting “maintained.”; and

  26. National Defense Authorization Act for Fiscal Year 2024

    Pub. L. 118–31 § 551(1)(A) · 137 Stat. 136

    Substituted · 10 U.S.C. § 2031(a)(1)

    Pub. L. 118–31, § 551(1)(A), substituted “The Secretary of Defense shall promulgate” for “The President shall promulgate”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 118–31, § 551(1)(A), substituted “The Secretary of Defense shall promulgate” for “The President shall promulgate”.

    Enacted provision · exact public law section
    (A) by striking “The President shall promulgate” and inserting “The Secretary of Defense shall promulgate”; and

  27. National Defense Authorization Act for Fiscal Year 2024

    Pub. L. 118–31 § 552 · 137 Stat. 136

    1. Amended · 10 U.S.C. § 2031(b)

      Pub. L. 118–31, § 552, designated existing provisions as par. (1)

    2. Redesignated · 10 U.S.C. § 2031(b)

      Pub. L. 118–31, § 552, redesignated former pars. (1) to (5) as subpars. (A) to (E), respectively, of par. (1)

    3. Redesignated · 10 U.S.C. § 2031(b)

      Pub. L. 118–31, § 552, redesignated subpars. (A) and (B) of former par. (1) as cls. (i) and (ii) respectively, of subpar. (A), in subpar. (E)

    4. Substituted · 10 U.S.C. § 2031(b)

      Pub. L. 118–31, § 552, substituted “as the Secretary of the military department concerned prescribes in the memorandum of understanding required under paragraph (2).” for “as may be established by the Secretary of the military department concerned”

    5. Added · 10 U.S.C. § 2031(b)

      Pub. L. 118–31, § 552, added par. (2)

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 118–31, § 552, designated existing provisions as par. (1), redesignated former pars. (1) to (5) as subpars. (A) to (E), respectively, of par. (1), redesignated subpars. (A) and (B) of former par. (1) as cls. (i) and (ii) respectively, of subpar. (A), in subpar. (E), substituted “as the Secretary of the military department concerned prescribes in the memorandum of understanding required under paragraph (2).” for “as may be established by the Secretary of the military department concerned”, and added par. (2).

    Enacted provision · exact public law section
    SEC. 552. REQUIREMENT FOR MEMORANDA OF UNDERSTANDING ADDRESSING CERTAIN MATTERS PERTAINING TO UNITS OF THE JUNIOR RESERVE OFFICERS’ TRAINING CORPS.   Section 2031(b) of title 10, United States Code, is amended— (1) by redesignating paragraphs (1) through (5) as subparagraphs (A) through (E); (2) by inserting “(1)” after “(b)”; (3) in subparagraph (A), as redesignated by paragraph (1)— (A) by striking “(A)” and inserting “(i)”; and (B) by striking “(B)” and inserting “(ii)”; (4) in subparagraph (E), as so redesignated, by striking “as may be established by the Secretary of the military department concerned” and inserting “as the Secretary of the military department concerned prescribes in the memorandum of understanding required under paragraph (2).”; and (5) by adding at the end the following new paragraph: “(2) The Secretary of Defense shall prescribe in regulations a memorandum of understanding to be signed by the Secretary of the military department concerned and each institution operating a unit under this section. The Processes. memorandum shall be standardized to the extent practicable and include the following elements: “(A) A requirement that an institution notify the Secretary of the military department concerned of allegations of misconduct (including sexual misconduct and harassment) against an instructor who is receiving retired or other pay, not later than 48 hours after such institution learns of such allegations. “(B) A process by which the Secretary of the military department concerned certifies an instructor, including the conduct of appropriate background checks by such Secretary and the institution concerned. “(C) A process by which the Secretary of the military department concerned shall conduct oversight of instructors certified by such Secretary, including a requirement that such certification shall expire after not more than five years. “(D) Processes by which such institution’s program will be inspected by the military department concerned prior to establishment of a new unit, or not less often than once every four years in the case of units existing as of January 1, 2024, staggered as the Secretary determines appropriate. “(E) A requirement that each institution certifies it— “(i) has created a process for students to report violations of their rights under title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), as applicable, and title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), including the rights of students to not be subject to discrimination or subject to retaliation for reporting a violation of those laws, if such laws apply to the public or private institution; “(ii) has implemented policies ensuring students and instructors are notified of those rights, as well as the process for reporting violations of those rights, including information on available mandatory reporters, if such laws apply to the institution; “(iii) has implemented annual training to inform students of methods to prevent, respond to, and report sexual assault and harassment; “(iv) agrees to report all allegations of violations described in this subparagraph to the military department concerned and, if subject to the jurisdiction of the Department of Education, the Office of Civil Rights of the Department of Education not less often than annually; “(v) has developed processes to ensure that each student enrolled in a unit under this section has done so voluntarily; and “(vi) agrees to provide the data necessary to compile the report required under subsection (i).” .

  28. National Defense Authorization Act for Fiscal Year 2024

    Pub. L. 118–31 § 553(a)(1) · 137 Stat. 136

    Amended · 10 U.S.C. § 2031(d)

    Pub. L. 118–31, § 553(a)(1), amended subsec. (d) generally. Prior to amendment, subsec. (d) authorized 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 as administrators and instructors

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 118–31, § 553(a)(1), amended subsec. (d) generally. Prior to amendment, subsec. (d) authorized 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 as administrators and instructors.

    Enacted provision · exact public law section
    (1) by amending subsection (d) to read as follows: “(d) (1) 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— “(A) retired officers and noncommissioned officers whose qualifications are approved by the Secretary and the institution concerned and who request such employment; “(B) officers and noncommissioned officers who are separated with an honorable discharge within the past 5 years with at least 8 years of service and are approved by the Secretary and the institution concerned and who request such employment; or “(C) officers and noncommissioned officers who are active participating members of the selected reserve at the time of application, for purposes of section 101(d) of this title, and have not yet reached retirement eligibility and are approved by the Secretary and the institution concerned and who request such employment. “(2) Employment under this subsection shall be subject to the following conditions: “(A) The Secretary concerned shall pay to the institution an amount equal to one-half of the Department’s prescribed JROTC Standardized Instructor Pay Scale amount paid to the member by the institution for any period. “(B) 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)— “(i) the institution is in an educationally and economically deprived area; and “(ii) the Secretary determines that such action is in the national interest. “(C) Payments by the Secretary concerned under this subsection shall be made from funds appropriated for that purpose. “(D) The Secretary concerned may require successful applicants to transfer to the Individual Ready Reserve.” ;

  29. National Defense Authorization Act for Fiscal Year 2024

    Pub. L. 118–31 § 553(a)(2) · 137 Stat. 136

    1. Redesignated · 10 U.S.C. § 2031(e); 10 U.S.C. § 2031(f)

      Pub. L. 118–31, § 553(a)(2), (3), redesignated subsecs. (g) and (h) as (e) and (f), respectively

    2. Struck · 10 U.S.C. § 2031(e); 10 U.S.C. § 2031(f)

      Pub. L. 118–31, § 553(a)(2), (3), struck out former subsecs. (e) and (f) which authorized employment as administrators and instructors officers or noncommissioned officers who are under 60 years of age and who, but for age, would be eligible for retired pay for non-regular service and officers or noncommissioned officers who receive certain honorable discharges and are in active status

    Source evidence

    Code amendment note
    Subsecs. (e), (f). Pub. L. 118–31, § 553(a)(2), (3), redesignated subsecs. (g) and (h) as (e) and (f), respectively, and struck out former subsecs. (e) and (f) which authorized employment as administrators and instructors officers or noncommissioned officers who are under 60 years of age and who, but for age, would be eligible for retired pay for non-regular service and officers or noncommissioned officers who receive certain honorable discharges and are in active status.

    Enacted provision · exact public law section
    (2) by striking subsections (e) and (f); and

  30. National Defense Authorization Act for Fiscal Year 2024

    Pub. L. 118–31 § 554 · 137 Stat. 136

    Redesignated · 10 U.S.C. § 2031(g)

    Pub. L. 118–31, § 554, which directed the addition of subsec. (g) at the end of this section, was executed by adding subsec. (g) after subsec. (f) to reflect the probable intent of Congress and the addition of subsec. (i), relating to number of units of the Junior Reserve Officers’ Training Corps required to be established and supported, by section 551(2) of Pub. L. 118–31. Former subsec. (g) redesignated (e)

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 118–31, § 554, which directed the addition of subsec. (g) at the end of this section, was executed by adding subsec. (g) after subsec. (f) to reflect the probable intent of Congress and the addition of subsec. (i), relating to number of units of the Junior Reserve Officers’ Training Corps required to be established and supported, by section 551(2) of Pub. L. 118–31. Former subsec. (g) redesignated (e).

    Enacted provision · exact public law section
    SEC. 554. PROHIBITION OF ESTABLISHMENT OR MAINTENANCE OF A UNIT OF THE JUNIOR RESERVE OFFICERS’ TRAINING CORPS AT AN EDUCATIONAL INSTITUTION OWNED, OPERATED, OR CONTROLLED BY THE CHINESE COMMUNIST PARTY.   Section 2031 of title 10, United States Code, as amended by sections 551, 552, and 553, is further amended by adding at the end the following new subsection: “(g) No unit may be established or maintained at an educational institution that is owned, operated, or controlled by a person that— “(1) is the People’s Republic of China; “(2) is a member of the Chinese Communist Party; “(3) is a member of the People’s Liberation Army; “(4) is identified by the Secretary of Defense under section 1260H(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (10 U.S.C. 113 note) as a Chinese military company; “(5) is included in the Non-SDN Chinese Military-Industrial Complex Companies List published by the Department of the Treasury; or “(6) is owned by or controlled by or is an agency or instrumentality of any person described in paragraphs (1) through (5).” .

  31. National Defense Authorization Act for Fiscal Year 2024

    Pub. L. 118–31 § 555(a) · 137 Stat. 136

    Redesignated · 10 U.S.C. § 2031(h)

    Pub. L. 118–31, § 555(a), which directed the addition of subsec. (h) at the end of this section, was executed by adding subsec. (h) after subsec. (g) to reflect the probable intent of Congress and the addition of subsec. (i), relating to number of units of the Junior Reserve Officers’ Training Corps required to be established and supported, by section 551(2) of Pub. L. 118–31. Former subsec. (h) redesignated (f)

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 118–31, § 555(a), which directed the addition of subsec. (h) at the end of this section, was executed by adding subsec. (h) after subsec. (g) to reflect the probable intent of Congress and the addition of subsec. (i), relating to number of units of the Junior Reserve Officers’ Training Corps required to be established and supported, by section 551(2) of Pub. L. 118–31. Former subsec. (h) redesignated (f).

    Enacted provision · exact public law section
    (a) In General.— Section 2031 of title 10, United States Code, as amended by sections 551 through 554, is further amended by adding at the end the following new subsection: “(h) (1) The Secretary of Defense may suspend or place on probation a unit of the Junior Reserve Officers’ Training Corps that fails to comply with the provisions of the memorandum of understanding required pursuant to subsection (b) or any other requirement of this section. “(2) A unit may be placed on probation under paragraph (1) for a period of up to three years. “(3) A unit may be suspended under paragraph (1) if, after the three-year probationary period, such unit remains out of compliance with the requirements of this section and the Secretary of the military department concerned determines that such suspension is necessary to mitigate program deficiencies or to protect the safety of program participants.” .

  32. National Defense Authorization Act for Fiscal Year 2024

    Pub. L. 118–31 § 556 · 137 Stat. 136

    Added · 10 U.S.C. § 2031(i)

    Pub. L. 118–31, § 556, added subsec. (i) relating to annual report on allegations of sexual misconduct, sexual harassment, and sex discrimination in Junior Reserve Officers’ Training Corps programs

    Source evidence

    Code amendment note
    Subsec. (i). Pub. L. 118–31, § 556, added subsec. (i) relating to annual report on allegations of sexual misconduct, sexual harassment, and sex discrimination in Junior Reserve Officers’ Training Corps programs.

    Enacted provision · exact public law section
    SEC. 556. ANNUAL REPORT ON ALLEGATIONS OF SEXUAL MISCONDUCT IN JUNIOR RESERVE OFFICERS’ TRAINING CORPS PROGRAMS.   Section 2031 of title 10, United States Code, as amended by sections 551 through 555, is further amended, by adding at the end the following new subsection: “(i) (1) Not later than March 31, 2024, and annually thereafter through March 31, 2029, the Secretary of Defense shall submit to Committees on Armed Services of the Senate and the House of Representatives a report on allegations of sexual misconduct, sexual harassment, and sex discrimination in Junior Reserve Officers’ Training Corps programs during the preceding year. “(2) Each report required under paragraph (1) shall set forth the following: “(A) The number of reported allegations of violations under title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) in school-affiliated Junior Reserve Officers’ Training Corps programs, including— “(i) the number of such reported allegations that were investigated; “(ii) the outcome of those investigations; and “(iii) the number of such reported allegations by State, the District of Columbia, or overseas location where these reports occurred. “(B) The number of reports that the Department of Defense or armed forces have received during the reporting period involving allegations of acts of violence, including sexual abuse or harassment, by instructors against students in Junior Reserve Officers’ Training Corps programs, including— “(i) the offense involved; “(ii) the armed force involved; “(iii) the number of instructors and number of allegations each instructor received; “(iv) the number of reports of sexual misconduct and harassment that have been investigated; “(v) the number of reports or investigations that have led to the removal of an instructor from a Junior Reserve Officers’ Training Corps program; and “(vi) the number of such reported allegations by State, the District of Columbia, or overseas location where these reports occurred. “(C) Any steps the Department of Defense has taken to mitigate sexual misconduct and harassment in Junior Reserve Officers’ Training Corps programs during the preceding year. “(3) Each report required under paragraph (1) shall be submitted in unclassified form and may not be designated as controlled unclassified information. “(4) The Secretary shall annually report to the Committees on Armed Services of the Senate and the House of Representatives regarding compliance with this subsection by the Junior Reserve Officers’ Training Corps programs, including an up-to-date report on the Secretary’s monitoring of such compliance.” .

  33. National Defense Authorization Act for Fiscal Year 2024

    Pub. L. 118–31 § 551(2) · 137 Stat. 136

    Added · 10 U.S.C. § 2031(i)

    Pub. L. 118–31, § 551(2), added subsec. (i) relating to number of units of the Junior Reserve Officers’ Training Corps required to be established and supported

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 118–31, § 551(2), added subsec. (i) relating to number of units of the Junior Reserve Officers’ Training Corps required to be established and supported.

    Enacted provision · exact public law section
    (2) by adding at the end the following new subsection: “(i) (1) The Secretary of Defense shall establish and support not fewer than 3,400, and not more than 4,000, units of the Junior Reserve Officers’ Training Corps. “(2) The requirement under paragraph (1) shall not apply— “(A) if the Secretary fails to receive an adequate number of requests for Junior Reserve Officer’s Training Corps units by public and private secondary educational institutions; and “(B) during a time of national emergency when the Secretaries of the military departments determine that funding must be allocated elsewhere.” .

  34. Pub. L. 118–159 § 542(1) · 138 Stat. 1892

    Inserted · 10 U.S.C. § 2031(a)(1)

    Pub. L. 118–159, § 542(1), inserted “, including Job Corps centers as defined in section 147 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3197),” after “secondary educational institutions”

    Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 118–159, § 542(1), inserted “, including Job Corps centers as defined in section 147 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3197),” after “secondary educational institutions”.

  35. Pub. L. 118–159 § 543 · 138 Stat. 1892

    1. Substituted · 10 U.S.C. § 2031(b)(1)(A)

      Pub. L. 118–159, § 543, substituted “is—” for “is not less than (i) 10 percent of the number of students enrolled in the institution who are in a grade above the 7th grade and physically co-located with the 9th grade participating unit, or (ii) 100, whichever is less;”

    2. Added · 10 U.S.C. § 2031(b)(1)(A)

      Pub. L. 118–159, § 543, added cls. (i) and (ii)

    Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (b)(1)(A). Pub. L. 118–159, § 543, substituted “is—” for “is not less than (i) 10 percent of the number of students enrolled in the institution who are in a grade above the 7th grade and physically co-located with the 9th grade participating unit, or (ii) 100, whichever is less;” and added cls. (i) and (ii).

  36. Pub. L. 118–159 § 542(2) · 138 Stat. 1892

    Inserted · 10 U.S.C. § 2031(b)(1)(C)

    Pub. L. 118–159, § 542(2), inserted “, or is a Job Corps center as defined in section 147 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3197)” after “military department concerned”

    Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (b)(1)(C). Pub. L. 118–159, § 542(2), inserted “, or is a Job Corps center as defined in section 147 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3197)” after “military department concerned”.

  37. Pub. L. 118–159 § 1701(a)(25)(A)(i) · 138 Stat. 1892

    Struck · 10 U.S.C. § 2031(b)(1)(E)

    Pub. L. 118–159, § 1701(a)(25)(A)(i), struck out second period at end

    Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (b)(1)(E). Pub. L. 118–159, § 1701(a)(25)(A)(i), struck out second period at end.

  38. Pub. L. 118–159 § 1701(a)(25)(A)(ii) · 138 Stat. 1892

    Substituted · 10 U.S.C. § 2031(b)(2)(E)(vi)

    Pub. L. 118–159, § 1701(a)(25)(A)(ii), which directed substitution of “report under subsection (j)” for “report under subsection (i)”, was executed by making the substitution for “report required under subsection (i)”, to reflect the probable intent of Congress

    Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (b)(2)(E)(vi). Pub. L. 118–159, § 1701(a)(25)(A)(ii), which directed substitution of “report under subsection (j)” for “report under subsection (i)”, was executed by making the substitution for “report required under subsection (i)”, to reflect the probable intent of Congress.

  39. Pub. L. 118–159 § 544 · 138 Stat. 1892

    Added · 10 U.S.C. § 2031(c)(4)

    Pub. L. 118–159, § 544, added par. (4)

    Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (c)(4). Pub. L. 118–159, § 544, added par. (4).

  40. Pub. L. 118–159 § 545(a) · 138 Stat. 1892

    Repealed · 10 U.S.C. § 2031(i)

    Pub. L. 118–159, § 545(a), which directed the substitution of “support not fewer than 3,500, and not more than 4,100, units” for “support not fewer than 3,400, and not more than 4,000, units”, was repealed by Pub. L. 119–60, § 542(c)

    Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (i). Pub. L. 118–159, § 545(a), which directed the substitution of “support not fewer than 3,500, and not more than 4,100, units” for “support not fewer than 3,400, and not more than 4,000, units”, was repealed by Pub. L. 119–60, § 542(c).

  41. Pub. L. 118–159 § 1701(a)(25)(B) · 138 Stat. 1892

    Redesignated · 10 U.S.C. § 2031(j)

    Pub. L. 118–159, § 1701(a)(25)(B), redesignated second subsec. (i), relating to Junior Reserve Officers’ Training Corps programs, as (j)

    Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (j). Pub. L. 118–159, § 1701(a)(25)(B), redesignated second subsec. (i), relating to Junior Reserve Officers’ Training Corps programs, as (j).

  42. Pub. L. 119–60 § 541 · 139 Stat. 872

    Added · 10 U.S.C. § 2031(d)(3)

    Pub. L. 119–60, § 541, added par. (3)

    Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (d)(3). Pub. L. 119–60, § 541, added par. (3).

    Effective date note
    Pub. L. 119–60, div. A, title V, § 542(b), Dec. 18, 2025, 139 Stat. 873, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on October 1, 2027.”

  43. Pub. L. 119–60 § 542(c) · 139 Stat. 872

    Repealed · 10 U.S.C. § 2031(i)

    Pub. L. 119–60, § 542(c), repealed Pub. L. 118–159, § 545(a). See 2024 Amendment note below

    Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (i). Pub. L. 119–60, § 542(c), repealed Pub. L. 118–159, § 545(a). See 2024 Amendment note below.

    Effective date note
    Pub. L. 119–60, div. A, title V, § 542(b), Dec. 18, 2025, 139 Stat. 873, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on October 1, 2027.”

  44. Pub. L. 119–60 § 542(a) · 139 Stat. 872

    Substituted · 10 U.S.C. § 2031(i)

    Pub. L. 119–60, § 542(a), substituted “support not fewer than 3,600, and not more than 4,200, units” for “support not fewer than 3,400, and not more than 4,000, units”

    Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 119–60, § 542(a), substituted “support not fewer than 3,600, and not more than 4,200, units” for “support not fewer than 3,400, and not more than 4,000, units”.

    Effective date note
    Pub. L. 119–60, div. A, title V, § 542(b), Dec. 18, 2025, 139 Stat. 873, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on October 1, 2027.”

40 of 54 references resolved to an enrolled provision · 2 partial · 12 unresolved

Notes

Amendment of Subsection (i)

Pub. L. 119–60, div. A, title V, § 542(a), (b), , 139 Stat. 873, provided that, effective on , subsection (i) of this section is amended by striking “support not fewer than 3,400, and not more than 4,000, units” and inserting “support not fewer than 3,600, and not more than 4,200, units”. See 2025 Amendment note below.

Editorial Notes

References in Text

The Education Amendments of 1972, referred to in subsecs. (b)(2)(E)(i) and (j)(2)(A), is Pub. L. 92–318, , 86 Stat. 235. Title IX of the Act, known as the Patsy Takemoto Mink Equal Opportunity in Education Act, is classified principally to chapter 38 (§ 1681 et seq.) of Title 20, Education. For complete classification of title IX to the Code, see Short Title note set out under section 1681 of Title 20 and Tables.

The Civil Rights Act of 1964, referred to in subsec. (b)(2)(E)(i), is Pub. L. 88–352, , 78 Stat. 241. Title VI of the Act is classified generally to subchapter V (§ 2000d et seq.) of chapter 21 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 2000a of Title 42 and Tables.

Section 1260H(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, referred to in subsec. (g)(4), is section 1260H(a) of Pub. L. 116–283, which is set out as a note under section 113 of this title.

Amendments1966–2025 · 18 rounds

2025

Subsec. (d)(3). Pub. L. 119–60, § 541, added par. (3).

Subsec. (i). Pub. L. 119–60, § 542(c), repealed Pub. L. 118–159, § 545(a). See 2024 Amendment note below.

Pub. L. 119–60, § 542(a), substituted “support not fewer than 3,600, and not more than 4,200, units” for “support not fewer than 3,400, and not more than 4,000, units”.

2024

Subsec. (a)(1). Pub. L. 118–159, § 542(1), inserted “, including Job Corps centers as defined in section 147 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3197),” after “secondary educational institutions”.

Subsec. (b)(1)(A). Pub. L. 118–159, § 543, substituted “is—” for “is not less than (i) 10 percent of the number of students enrolled in the institution who are in a grade above the 7th grade and physically co-located with the 9th grade participating unit, or (ii) 100, whichever is less;” and added cls. (i) and (ii).

Subsec. (b)(1)(C). Pub. L. 118–159, § 542(2), inserted “, or is a Job Corps center as defined in section 147 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3197)” after “military department concerned”.

Subsec. (b)(1)(E). Pub. L. 118–159, § 1701(a)(25)(A)(i), struck out second period at end.

Subsec. (b)(2)(E)(vi). Pub. L. 118–159, § 1701(a)(25)(A)(ii), which directed substitution of “report under subsection (j)” for “report under subsection (i)”, was executed by making the substitution for “report required under subsection (i)”, to reflect the probable intent of Congress.

Subsec. (c)(4). Pub. L. 118–159, § 544, added par. (4).

Subsec. (i). Pub. L. 118–159, § 545(a), which directed the substitution of “support not fewer than 3,500, and not more than 4,100, units” for “support not fewer than 3,400, and not more than 4,000, units”, was repealed by Pub. L. 119–60, § 542(c).

Subsec. (j). Pub. L. 118–159, § 1701(a)(25)(B), redesignated second subsec. (i), relating to Junior Reserve Officers’ Training Corps programs, as (j).

2023

Subsec. (a)(1). Pub. L. 118–31, § 551(1)(B), which directed substitution of “maintained.” for “ ‘maintained, and shall provide’ and all that follows through the period at the end”, was executed by making the substitution for “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.”, to reflect the probable intent of Congress.

Pub. L. 118–31, § 551(1)(A), substituted “The Secretary of Defense shall promulgate” for “The President shall promulgate”.

Subsec. (b). Pub. L. 118–31, § 552, designated existing provisions as par. (1), redesignated former pars. (1) to (5) as subpars. (A) to (E), respectively, of par. (1), redesignated subpars. (A) and (B) of former par. (1) as cls. (i) and (ii) respectively, of subpar. (A), in subpar. (E), substituted “as the Secretary of the military department concerned prescribes in the memorandum of understanding required under paragraph (2).” for “as may be established by the Secretary of the military department concerned”, and added par. (2).

Subsec. (d). Pub. L. 118–31, § 553(a)(1), amended subsec. (d) generally. Prior to amendment, subsec. (d) authorized 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 as administrators and instructors.

Subsecs. (e), (f). Pub. L. 118–31, § 553(a)(2), (3), redesignated subsecs. (g) and (h) as (e) and (f), respectively, and struck out former subsecs. (e) and (f) which authorized employment as administrators and instructors officers or noncommissioned officers who are under 60 years of age and who, but for age, would be eligible for retired pay for non-regular service and officers or noncommissioned officers who receive certain honorable discharges and are in active status.

Subsec. (g). Pub. L. 118–31, § 554, which directed the addition of subsec. (g) at the end of this section, was executed by adding subsec. (g) after subsec. (f) to reflect the probable intent of Congress and the addition of subsec. (i), relating to number of units of the Junior Reserve Officers’ Training Corps required to be established and supported, by section 551(2) of Pub. L. 118–31. Former subsec. (g) redesignated (e).

Subsec. (h). Pub. L. 118–31, § 555(a), which directed the addition of subsec. (h) at the end of this section, was executed by adding subsec. (h) after subsec. (g) to reflect the probable intent of Congress and the addition of subsec. (i), relating to number of units of the Junior Reserve Officers’ Training Corps required to be established and supported, by section 551(2) of Pub. L. 118–31. Former subsec. (h) redesignated (f).

Subsec. (i). Pub. L. 118–31, § 556, added subsec. (i) relating to annual report on allegations of sexual misconduct, sexual harassment, and sex discrimination in Junior Reserve Officers’ Training Corps programs.

Pub. L. 118–31, § 551(2), added subsec. (i) relating to number of units of the Junior Reserve Officers’ Training Corps required to be established and supported.

2022

Subsecs. (f) to (h). Pub. L. 117–263 added subsec. (f) and redesignated former subsecs. (f) and (g) as (g) and (h), respectively.

2021

Subsec. (a)(2). Pub. L. 116–283 inserted “(including an introduction to service opportunities in military, national, and public service)” after “service to the United States”.

2019

Subsec. (b)(1). Pub. L. 116–92, § 511, substituted “above the 7th grade and physically co-located with the 9th grade participating unit” for “above the 8th grade” in two places.

Subsec. (b)(3). Pub. L. 116–92, § 512(a), inserted “and which may include instruction or activities in the fields of science, technology, engineering, and mathematics” after “duration”.

Subsec. (g). Pub. L. 116–92, § 513, added subsec. (g).

2008

Subsec. (f). Pub. L. 110–181 added subsec. (f).

2006

Subsec. (d). Pub. L. 109–364, § 540(b), inserted “who are in receipt of retired pay” after “retired officers and noncommissioned officers” in introductory provisions.

Subsec. (e). Pub. L. 109–364, § 540(a), added subsec. (e).

2001

Subsec. (a)(1). Pub. L. 107–107 struck out after first sentence “The total number of units which may be established and maintained by all of the military departments under authority of this section, including those units already established on , may not exceed 3,500.”

1993

Subsec. (a)(1). Pub. L. 103–160 substituted “The” for “Not more than 200 units may be established by all of the military departments each year, and the” in second sentence.

1992

Subsec. (a). Pub. L. 102–484, § 533(a), (b), designated existing provisions as par. (1), substituted “3,500” for “1,600”, and added par. (2).

Subsec. (b)(1). Pub. L. 102–484, § 533(c), substituted “in a grade above the 8th grade” for “at least 14 years of age” in two places and inserted “, or aliens lawfully admitted to the United States for permanent residence,” after “of the United States”.

Subsec. (c)(2). Pub. L. 102–484, § 533(d), inserted before semicolon “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”.

Subsec. (d)(1). Pub. L. 102–484, § 533(e)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “Retired members so employed are entitled to receive their retired or retainer pay and an additional amount of not more than the difference between their retired pay and the active duty pay and allowances which they would receive if ordered to active duty, and one-half of that additional amount shall be paid to the institution concerned by the Secretary of the military department concerned from funds appropriated for that purpose.”

1987

Subsec. (a). Pub. L. 100–26 struck out “beginning with the calendar year 1966” after “each year” in second sentence.

1984

Subsec. (a). Pub. L. 98–525, § 1405(32), substituted “” for “the date of enactment of this section”.

Subsec. (b)(1). Pub. L. 98–525, § 422(1), substituted “the number of physically fit students in such unit who are at least 14 years of age and are citizens or nationals of the United States is not less than (A) 10 percent of the number of students enrolled in the institution who are at least 14 years of age, or (B) 100, whichever is less” for “the unit contains at least 100 physically fit students who are at least 14 years of age and are citizens or nationals of the United States”.

Subsec. (b)(5). Pub. L. 98–525, § 422(2)–(4), added par. (5).

1978

Subsec. (b)(1). Pub. L. 95–358 inserted “or nationals” after “citizens”.

1976

Subsec. (a). Pub. L. 94–361 increased total number of units authorized to be established to 1,600 from 1,200 and limited the military institutes to establishment and maintenance of only one unit.

1973

Subsec. (b)(1). Pub. L. 93–165 substituted “physically fit students” for “physically fit male students”.

1967

Subsecs. (c), (d). Pub. L. 90–83 substituted “officers and noncommissioned officers” for “noncommissioned and commissioned officers” wherever appearing.

1966

Subsec. (d). Pub. L. 89–718 capitalized first letter of first word in cls. (1) and (2).

Statutory Notes and Related Subsidiaries

Effective Date of 2025 Amendment

Pub. L. 119–60, div. A, title V, § 542(b), , 139 Stat. 873, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on .”

Effective Date of 2024 Amendment

Pub. L. 118–159, div. A, title V, § 545(b), , 138 Stat. 1893, which provided that the amendment made by subsection (a) (amending this section) shall take effect on , was repealed by Pub. L. 119–60, div. A, title V, § 542(c), , 139 Stat. 873.

Effective Date of 2019 Amendment

Pub. L. 116–92, div. A, title V, § 512(b), , 133 Stat. 1348, provided that: “The amendment made by subsection (a) [amending this section] shall take effect 180 days after the date of the enactment of this Act [].”

Effective Date of 1992 Amendment

Pub. L. 102–484, div. A, title V, § 533(e)(2), , 106 Stat. 2412, provided that: “The amendment made by paragraph (1) [amending this section] shall apply with respect to payments for periods of instructor service performed after .”

Short Title

Pub. L. 88–647, § 1, , 78 Stat. 1063, provided: “That the Act [enacting this chapter, and chapter 103 of this title, amending section 802 of former Title 5, sections 1475, 1478, 1481, 3201, 4348, 5404, 5504, 5652b, 6023, 6387, 6959, 8201, and 9348 of this title, and sections 205, 209, 415, 416 and 422 of Title 37, Pay and Allowances of the Uniformed Services, repealing sections 3355, 3540, 4381 to 4387, 6901 to 6906, 6908, 6910, 8355, 8540, and 9381 to 9387 of this title, and enacting provisions set out as notes under this section and section 2107 and former section 9385 of this title, may be cited as the ‘Reserve Officers’ Training Corps Vitalization Act of 1964’.”

Issuance of Regulations

Pub. L. 88–647, title I, § 102, , 78 Stat. 1064, directed that regulations implementing subsec. (a) of this section be issued by President and by Secretary of each military department not later than .

Savings Clause

Pub. L. 88–647, title IV, § 402, , 78 Stat. 1074, provided that: “If a part of this Act [see Short Title note above] is invalid, all valid parts that are severable from the invalid part remains in effect. If a part of this Act is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications.”

Temporary Authority To Provide Bonuses to Junior Reserve Officers’ Training Corps Instructors

Pub. L. 119–60, div. A, title V, § 546, , 139 Stat. 874, provided that:

“(a)

In General.—

The Secretary concerned may pay to a member or former member of the Armed Forces under the jurisdiction of the Secretary a one-time bonus of not more than $10,000 if the member or former member—

“(1)

agrees to be an instructor for the Junior Reserve Officers’ Training Corps under section 2031(d) of title 10, United States Code, in a position the Secretary concerned determines is difficult to fill; and

“(2)

serves as such an instructor for not less than one academic year.

“(b)

Briefing Required.—

Not later than one year after the date of the enactment of this Act [], and annually thereafter until the termination date described in subsection (c), the Secretary of Defense shall brief the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] on—

“(1)

the use of the authority provided by subsection (a); and

“(2)

the effectiveness of bonuses provided under subsection (a) on increasing the number of instructors for the Junior Reserve Officers’ Training Corps.

“(c)

Termination.—

The authority provided by subsection (a) terminates on the date that is five years after the date of the enactment of this Act.

“(d)

Secretary Concerned Defined.—

In this section, the term ‘Secretary concerned’ has the meaning given that term in section 101 of title 10, United States Code.”

Treatment of Current Administrators and Instructors

Pub. L. 118–31, div. A, title V, § 553(b), , 137 Stat. 271, provided that: “An administrator or instructor employed under section 2031 of title 10, United States Code, on the date of enactment of this section [] shall not be subject to a reduction in total compensation as a result of such enactment.”

Increase in Number of Units of Junior Reserve Officers’ Training Corps

Pub. L. 110–417, [div. A], title V, § 548, , 122 Stat. 4466, as amended by Pub. L. 112–239, div. A, title V, § 553, , 126 Stat. 1742; Pub. L. 114–92, div. A, title X, § 1072(c), , 129 Stat. 995, provided that:

“(a)

Plan for Increase.—

The Secretary of Defense, in consultation with the Secretaries of the military departments, shall develop and implement a plan to establish and support, not later than , not less than 3,000, and not more than 3,700, units of the Junior Reserve Officers’ Training Corps.

“(b)

Exceptions.—

The requirement imposed in subsection (a) shall not apply—

“(1)

if the Secretary fails to receive an adequate number or requests for Junior Reserve Officers’ Training Corps units by public and private secondary educational institutions;

“(2)

during a time of national emergency when the Secretaries of the military departments determine that funding must be allocated elsewhere; or

“(3)

if the Secretaries of the military departments determine that the level of support of all kinds (including appropriated funds) provided to youth development programs within the Armed Forces is consistent with funding limitations and the achievement of the objectives of such programs.

“(c)

Cooperation.—

The Secretary of Defense, as part of the plan to establish and support additional Junior Reserve Officers’ Training Corps units, shall work with local educational agencies to increase the employment in Junior Reserve Officers’ Training Corps units of retired members of the Armed Forces who are retired under chapter 61 of title 10, United States Code, especially members who were wounded or injured while deployed in a contingency operation.

“(d)

Report on Plan.—

Upon completion of the plan, the Secretary of Defense shall provide a report to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] containing, at a minimum, the following:

“(1)

A description of how the Secretaries of the military departments expect to achieve the number of units of the Junior Reserve Officers’ Training Corps specified in subsection (a), including how many units will be established per year by each service.

“(2)

The annual funding necessary to support the increase in units, including the personnel costs associated.

“(3)

The number of qualified private and public schools, if any, who have requested a Junior Reserve Officers’ Training Corps unit that are on a waiting list.

“(4)

Efforts to improve the increased distribution of units geographically across the United States.

“(5)

Efforts to increase distribution of units in educationally and economically deprived areas.

“(6)

Efforts to enhance employment opportunities for qualified former military members retired for disability, especially those wounded while deployed in a contingency operation.”

Expansion of Junior Reserve Officers’ Training Corps Program

Pub. L. 109–364, div. A, title V, § 541, , 120 Stat. 2212, provided that:

“(a)

In General.—

The Secretaries of the military departments shall take appropriate actions to increase the number of secondary educational institutions at which a unit of the Junior Reserve Officers’ Training Corps is organized under chapter 102 of title 10, United States Code.

“(b)

Expansion Targets.—

In increasing under subsection (a) the number of secondary educational institutions at which a unit of the Junior Reserve Officers’ Training Corps is organized, the Secretaries of the military departments shall seek to organize units at an additional number of institutions as follows:

“(1)

In the case of Army units, 15 institutions.

“(2)

In the case of Navy units, 10 institutions.

“(3)

In the case of Marine Corps units, 15 institutions.

“(4)

In the case of Air Force units, 10 institutions.”

Reduction in Number of Students Required To Be in Junior Reserve Officers’ Training Corps Units for Period of September 1, 1980, to August 31, 1984

Pub. L. 96–342, title VI, § 602, , 94 Stat. 1087, as amended by Pub. L. 97–86, title VII, § 702(a), , 95 Stat. 1111; Pub. L. 97–252, title VII, § 702, , 96 Stat. 728; Pub. L. 98–94, title VII, § 702, , 97 Stat. 634, authorized the Secretary of any military department, during the period beginning on , and ending on , to maintain a unit of the Junior Reserve Officers’ Training Corps at any public or private secondary educational institution.

Credits

1964–2025 · 19 acts
  1. 1964Added Pub. L. 88–647, title I, § 101(1), , 78 Stat. 1063
  2. 1966amended Pub. L. 89–718, § 16, , 80 Stat. 1117
  3. 1967Pub. L. 90–83, § 3(4), , 81 Stat. 220
  4. 1973Pub. L. 93–165, , 87 Stat. 660
  5. 1976Pub. L. 94–361, title VIII, § 807, , 90 Stat. 933
  6. 1978Pub. L. 95–358, , 92 Stat. 592
  7. 1984Pub. L. 98–525, title IV, § 422, title XIV, § 1405(32), , 98 Stat. 2520, 2624
  8. 1987Pub. L. 100–26, § 7(i)(3), , 101 Stat. 282
  9. 1992Pub. L. 102–484, div. A, title V, § 533(a)–(e)(1), , 106 Stat. 2411, 2412
  10. 1993Pub. L. 103–160, div. A, title XI, § 1182(g)(1), , 107 Stat. 1774
  11. 2001Pub. L. 107–107, div. A, title V, § 537, , 115 Stat. 1107
  12. 2006Pub. L. 109–364, div. A, title V, § 540, , 120 Stat. 2211
  13. 2008Pub. L. 110–181, div. A, title VI, § 635, , 122 Stat. 155
  14. 2019Pub. L. 116–92, div. A, title V, §§ 511, 512(a), 513, , 133 Stat. 1348
  15. 2021Pub. L. 116–283, div. A, title V, § 512, , 134 Stat. 3587
  16. 2022Pub. L. 117–263, div. A, title V, § 512(a), , 136 Stat. 2564
  17. 2023Pub. L. 118–31, div. A, title V, §§ 551–553(a), 554, 555(a), 556, , 137 Stat. 269–272
  18. 2024Pub. L. 118–159, div. A, title V, §§ 542–545(a), title XVII, § 1701(a)(25), , 138 Stat. 1892, 1893, 2204
  19. 2025Pub. L. 119–60, div. A, title V, §§ 541, 542(a), (c), , 139 Stat. 872, 873.
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(Added Pub. L. 88–647, title I, § 101(1), , 78 Stat. 1063; amended Pub. L. 89–718, § 16, , 80 Stat. 1117; Pub. L. 90–83, § 3(4), , 81 Stat. 220; Pub. L. 93–165, , 87 Stat. 660; Pub. L. 94–361, title VIII, § 807, , 90 Stat. 933; Pub. L. 95–358, , 92 Stat. 592; Pub. L. 98–525, title IV, § 422, title XIV, § 1405(32), , 98 Stat. 2520, 2624; Pub. L. 100–26, § 7(i)(3), , 101 Stat. 282; Pub. L. 102–484, div. A, title V, § 533(a)–(e)(1), , 106 Stat. 2411, 2412; Pub. L. 103–160, div. A, title XI, § 1182(g)(1), , 107 Stat. 1774; Pub. L. 107–107, div. A, title V, § 537, , 115 Stat. 1107; Pub. L. 109–364, div. A, title V, § 540, , 120 Stat. 2211; Pub. L. 110–181, div. A, title VI, § 635, , 122 Stat. 155; Pub. L. 116–92, div. A, title V, §§ 511, 512(a), 513, , 133 Stat. 1348; Pub. L. 116–283, div. A, title V, § 512, , 134 Stat. 3587; Pub. L. 117–263, div. A, title V, § 512(a), , 136 Stat. 2564; Pub. L. 118–31, div. A, title V, §§ 551–553(a), 554, 555(a), 556, , 137 Stat. 269–272; Pub. L. 118–159, div. A, title V, §§ 542–545(a), title XVII, § 1701(a)(25), , 138 Stat. 1892, 1893, 2204; Pub. L. 119–60, div. A, title V, §§ 541, 542(a), (c), , 139 Stat. 872, 873.)

Parsed from the official OLRC USLM XML in data/usc_all/usc10.xml · release point 119-108 · OLRC build 2026-04-17

USLM identifier /us/usc/t10/s2031