(a)
(1) The Secretary of each military department shall establish and maintain a Junior Reserve Officers' Training Corps, organized into units, at public and private secondary educational institutions which apply for a unit and meet the standards and criteria prescribed pursuant to this section. The President shall promulgate regulations prescribing the standards and criteria to be followed by the military departments in selecting the institutions at which units are to be established and maintained and shall provide for the fair and equitable distribution of such units throughout the Nation, except that more than one such unit may be established and maintained at any military institute.
(2) It is a purpose of the Junior Reserve Officers' Training Corps to instill in students in United States secondary educational institutions the values of citizenship, service to the United States, and personal responsibility and a sense of accomplishment.
(b) No unit may be established or maintained at an institution unless—
(1) the number of physically fit students in such unit who are in a grade above the 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 not less than (A) 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 (B) 100, whichever is less;
(2) the institution has adequate facilities for classroom instruction, storage of arms and other equipment which may be furnished in support of the unit, and adequate drill areas at or in the immediate vicinity of the institution, as determined by the Secretary of the military department concerned;
(3) the institution provides a course of military instruction of not less than three academic years' duration 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;
(4) the institution agrees to limit membership in the unit to students who maintain acceptable standards of academic achievement and conduct, as prescribed by the Secretary of the military department concerned; and
(5) the unit meets such other requirements as may be established by the Secretary of the military department concerned.
(c) The Secretary of the military department concerned shall, to support the Junior Reserve Officers' Training Corps program—
(1) detail officers and noncommissioned officers of an armed force under his jurisdiction to institutions having units of the Corps as administrators and instructors;
(2) provide necessary text materials, equipment, and uniforms and, to the extent considered appropriate by the Secretary concerned, such additional resources (including transportation and billeting) as may be available to support activities of the program; and
(3) establish minimum acceptable standards for performance and achievement for qualified units.
(d) Instead of, or in addition to, detailing officers and noncommissioned officers on active duty under subsection (c)(1), the Secretary of the military department concerned may authorize qualified institutions to employ, as administrators and instructors in the program, retired officers and noncommissioned officers who are in receipt of retired pay, and members of the Fleet Reserve and Fleet Marine Corps Reserve, whose qualifications are approved by the Secretary and the institution concerned and who request such employment, subject to the following:
(1) A retired member so employed is entitled to receive the 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.
(2) Notwithstanding any other provision of law, such a retired member is not, while so employed, considered to be on active duty or inactive duty training for any purpose.
(e) Instead of, or in addition to, detailing officers and noncommissioned officers on active duty under subsection (c)(1) and authorizing the employment of retired officers and noncommissioned officers who are in receipt of retired pay and members of the Fleet Reserve and Fleet Marine Corps Reserve under subsection (d), the Secretary of the military department concerned may authorize qualified institutions to employ as administrators and instructors in the program officers and noncommissioned officers who are under 60 years of age and who, but for age, would be eligible for retired pay for non-regular service under section 12731 of this title and whose qualifications are approved by the Secretary and the institution concerned and who request such employment, subject to the following:
(1) The Secretary concerned shall pay to the institution an amount equal to one-half of the amount paid to the member by the institution for any period, up to a maximum of one-half of the difference between—
(A) the retired or retainer pay for an active duty officer or noncommissioned officer of the same grade and years of service for such period; and
(B) the active duty pay and allowances which the member would have received for that period if on active duty.
(2) Notwithstanding the limitation in paragraph (1), the Secretary concerned may pay to the institution more than one-half of the amount paid to the member by the institution if (as determined by the Secretary)—
(A) the institution is in an educationally and economically deprived area; and
(B) the Secretary determines that such action is in the national interest.
(3) Payments by the Secretary concerned under this subsection shall be made from funds appropriated for that purpose.
(4) Amounts may be paid under this subsection with respect to a member after the member reaches the age of 60.
(5) Notwithstanding any other provision of law, a member employed by a qualified institution pursuant to an authorization under this subsection is not, while so employed, considered to be on active duty or inactive duty training for any purpose.
(f)
(1) When determined by the Secretary of the military department concerned to be in the national interest and agreed upon by the institution concerned, the institution may reimburse a Junior Reserve Officers' Training Corps instructor for moving expenses incurred by the instructor to accept employment at the institution in a position that the Secretary concerned determines is hard-to-fill for geographic or economic reasons.
(2) As a condition on providing reimbursement under paragraph (1), the institution shall require the instructor to execute a written agreement to serve a minimum of two years of employment at the institution in the hard-to-fill position.
(3) Any reimbursement provided to an instructor under paragraph (1) is in addition to the minimum instructor pay otherwise payable to the instructor.
(4) The Secretary concerned shall reimburse an institution providing reimbursement to an instructor under paragraph (1) in an amount equal to the amount of the reimbursement paid by the institution under that paragraph. Any reimbursement provided by the Secretary concerned shall be provided from funds appropriated for that purpose.
(5) The provision of reimbursement under paragraph (1) or (4) shall be subject to regulations prescribed by the Secretary of Defense for purposes of this subsection.
(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.
Amendments
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 October 13, 1964, 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 "October 13, 1964" 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).
Effective Date of 2019 Amendment
Pub. L. 116–92, div. A, title V, §512(b), Dec. 20, 2019, 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 [Dec. 20, 2019]."
Effective Date of 1992 Amendment
Pub. L. 102–484, div. A, title V, §533(e)(2), Oct. 23, 1992, 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 September 30, 1992."
Short Title
Pub. L. 88–647, §1, Oct. 13, 1964, 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, Oct. 13, 1964, 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 Jan. 1, 1966.
Savings Clause
Pub. L. 88–647, title IV, §402, Oct. 13, 1964, 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."
Increase in Number of Units of Junior Reserve Officers' Training Corps
Pub. L. 110–417, [div. A], title V, §548, Oct. 14, 2008, 122 Stat. 4466, as amended by Pub. L. 112–239, div. A, title V, §553, Jan. 2, 2013, 126 Stat. 1742; Pub. L. 114–92, div. A, title X, §1072(c), Nov. 25, 2015, 129 Stat. 995, provided that:
"(a)
"(b)
"(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)
"(d)
"(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, Oct. 17, 2006, 120 Stat. 2212, provided that:
"(a)
"(b)
"(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, Sept. 8, 1980, 94 Stat. 1087, as amended by Pub. L. 97–86, title VII, §702(a), Dec. 1, 1981, 95 Stat. 1111; Pub. L. 97–252, title VII, §702, Sept. 8, 1982, 96 Stat. 728; Pub. L. 98–94, title VII, §702, Sept. 24, 1983, 97 Stat. 634, authorized the Secretary of any military department, during the period beginning on Sept. 1, 1980, and ending on Aug. 31, 1984, to maintain a unit of the Junior Reserve Officers' Training Corps at any public or private secondary educational institution.
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