10 U.S.C. § 2101 — Definitions

Page 1661 TITLE 10—ARMED FORCES § 2101 to eligible entities that are eligible for assist- ance under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.). (e) EVALUATIONS.—In carrying out a program under this section, the Secretary shall establish outcome-based metrics and internal and exter- nal assessments to evaluate the merits and ben- efits of the activities funded with grants under this section with respect to the needs of the De- partment of Defense. (f) AUTHORITIES.—In carrying out a program under this section, the Secretary shall, to the extent practicable, make use of the authorities under chapter 111 and sections 2601 and 2605 of this title, and other authorities the Secretary determines appropriate. (g) DEFINITIONS.—In this section: (1) The term ‘‘eligible entity’’ means a local education agency that hosts a unit of the Jun- ior Reserve Officers’ Training Corps. (2) The term ‘‘covered subjects’’ means— (A) science; (B) technology; (C) engineering; (D) mathematics; (E) computer science; (F) computational thinking; (G) artificial intelligence; (H) machine learning; (I) data science; (J) quantum information sciences; (K) cybersecurity; (L) robotics; (M) health sciences; and (N) other subjects determined by the Sec- retary of Defense to be related to science, technology, engineering, and mathematics. (Added Pub. L. 116–283, div. A, title V, § 513(a)(1), Jan. 1, 2021, 134 Stat. 3587; amended Pub. L. 117–81, div. A, title V, § 511, Dec. 27, 2021, 135 Stat. 1682.) Editorial Notes REFERENCES IN TEXT The Elementary and Secondary Education Act of 1965, referred to in subsec. (d), is Pub. L. 89–10, Apr. 11, 1965, 79 Stat. 27. Part A of title I of the Act is classified generally to part A (§ 6311 et seq.) of subchapter I of chapter 70 of Title 20, Education. For complete classi- fication of this Act to the Code, see Short Title note set out under section 6301 of Title 20 and Tables. AMENDMENTS 2021—Subsec. (g)(2)(J) to (N). Pub. L. 117–81 added sub- par. (J) and redesignated former subpars. (J) to (M) as (K) to (N), respectively. CHAPTER 103—SENIOR RESERVE OFFICERS’ TRAINING CORPS Sec. 2101. Definitions. 2102. Establishment. 2103. Eligibility for membership. 2103a. Students not eligible for advanced training: commitment to military service. 2104. Advanced training; eligibility for. 2105. Advanced training; failure to complete or to accept commission. 2106. Advanced training; commission on comple- tion. Sec. 2107. Financial assistance program for specially se- lected members. 2107a. Financial assistance program for specially se- lected members: Army Reserve and Army National Guard. 2108. Advanced standing; interruption of training; delay in starting obligated service; release from program. 2109. Practical military training. 2110. Logistical support. 2111. Personnel: administrators and instructors. 2111a. Support for senior military colleges. 2111b. Senior military colleges: Department of De- fense international student program. Editorial Notes AMENDMENTS 2003—Pub. L. 108–136, div. A, title V, § 523(b)(2), Nov. 24, 2003, 117 Stat. 1464, added item 2103a. 1999—Pub. L. 106–65, div. A, title V, § 541(a)(2), Oct. 5, 1999, 113 Stat. 606, added item 2111b. 1997—Pub. L. 105–85, div. A, title V, § 544(f)(2), Nov. 18, 1997, 111 Stat. 1746, substituted ‘‘Support for’’ for ‘‘De- tail of officers to’’ in item 2111a. 1996—Pub. L. 104–106, div. A, title V, § 545(b), Feb. 10, 1996, 110 Stat. 318, added item 2111a. 1991—Pub. L. 102–190, div. A, title V, § 522(b)(2), Dec. 5, 1991, 105 Stat. 1362, substituted ‘‘Army Reserve and Army National Guard’’ for ‘‘military junior colleges’’ in item 2107a. 1988—Pub. L. 100–456, div. A, title VI, § 633(a)(3)(B), Sept. 29, 1988, 102 Stat. 1986, substituted ‘‘Practical military training’’ for ‘‘Field training; practice cruises’’ in item 2109. 1980—Pub. L. 96–357, § 1(c)(2), Sept. 24, 1980, 94 Stat. 1180, added item 2107a. 1964—Pub. L. 88–647, title II, § 201(1), Oct. 13, 1964, 78 Stat. 1064, added chapter heading and items 2101 to 2111. § 2101. Definitions In this chapter: (1) The term ‘‘program’’ means the Senior Reserve Officers’ Training Corps of an armed force. (2) The term ‘‘member of the program’’ means a student who is enrolled in the Senior Reserve Officers’ Training Corps of an armed force. (3) The term ‘‘advanced training’’ means the training and instruction offered in the Senior Reserve Officers’ Training Corps to students enrolled in an advanced education program be- yond the baccalaureate degree level or to stu- dents in the third and fourth years of a four- year Senior Reserve Officers’ Training Corps course, or the equivalent period of training in an approved two-year Senior Reserve Officers’ Training Corps course (except that, in the case of a student enrolled in an academic program which has been approved by the Secretary of the military department concerned and which requires more than four academic years for completion of baccalaureate degree require- ments, including elective requirements of the Senior Reserve Officers’ Training Corps course, such term includes a fifth academic year or a combination of a part of a fifth aca- demic year and summer sessions). (Added Pub. L. 88–647, title II, § 201(1), Oct. 13, 1964, 78 Stat. 1064; amended Pub. L. 98–94, title X, § 1003(a)(1), title XII, § 1268(11), Sept. 24, 1983, 97 Stat. 656, 706; Pub. L. 100–180, div. A, title XII, Page 1662 TITLE 10—ARMED FORCES § 2101 § 1231(17), Dec. 4, 1987, 101 Stat. 1161; Pub. L. 104–201, div. A, title V, § 553(b), Sept. 23, 1996, 110 Stat. 2526.) Editorial Notes AMENDMENTS 1996—Par. (3). Pub. L. 104–201 inserted ‘‘students en- rolled in an advanced education program beyond the baccalaureate degree level or to’’ after ‘‘Training Corps to’’. 1987—Pub. L. 100–180, in pars. (1) to (3), inserted ‘‘The term’’ after each par. designation, and struck out up- percase letter of first word after first quotation marks in each par. and substituted lowercase letter. 1983—Pub. L. 98–94, § 1268(11)(A), substituted a colon for a dash after ‘‘In this chapter’’ in provision pre- ceding par. (1). Par. (1). Pub. L. 98–94, § 1268(11)(B), (C), substituted ‘‘Program’’ for ‘‘program’’ and a period for a semicolon after ‘‘armed force’’. Par. (2). Pub. L. 98–94, § 1268(11)(D), (E), substituted ‘‘Member’’ for ‘‘member’’, and a period for ‘‘; and’’ after ‘‘armed force’’. Par. (3). Pub. L. 98–94, § 1268(11)(F), substituted ‘‘Ad- vanced’’ for ‘‘advanced’’. Pub. L. 98–94, § 1003(a)(1), inserted parenthetical provi- sion relating to a fifth academic year or a combination of a fifth academic year and summer sessions. Statutory Notes and Related Subsidiaries PILOT PROGRAMS AUTHORIZED IN CONNECTION WITH SROTC UNITS AND CSPI PROGRAMS AT HISTORICALLY BLACK COLLEGES AND UNIVERSITIES AND MINORITY INSTITUTIONS Pub. L. 116–283, div. A, title V, § 519, Jan. 1, 2021, 134 Stat. 3591, provided that: ‘‘(a) PILOT PROGRAMS REQUIRED.—The Secretary of Defense may carry out two pilot programs as follows: ‘‘(1) A pilot program, with elements as provided for in subsection (c), at covered institutions in order to assess the feasibility and advisability of mechanisms to reduce barriers to participation in the Senior Re- serve Officers’ Training Corps at such institutions by creating partnerships between satellite or extension Senior Reserve Officers’ Training Corps units at such institutions and covered military installations. ‘‘(2) In consultation with the Secretary of Home- land Security, a pilot program, with elements as pro- vided for in subsection (d), in order to assess the fea- sibility and advisability of the provision of financial assistance to members of the Senior Reserve Officers’ Training Corps, and members of the Coast Guard Col- lege Student Pre-Commissioning Initiative, at cov- ered institutions for participation in flight training. ‘‘(b) DURATION.—The duration of each pilot program under subsection (a) may not exceed 5 years. ‘‘(c) PILOT PROGRAM ON PARTNERSHIPS BETWEEN SAT- ELLITE OR EXTENSION SROTC UNITS AND COVERED MILI- TARY INSTALLATIONS.— ‘‘(1) PARTICIPATING INSTITUTIONS.—The Secretary of Defense shall carry out the pilot program required by subsection (a)(1) at not fewer than five covered insti- tutions selected by the Secretary for purposes of the pilot program. ‘‘(2) REQUIREMENTS FOR SELECTION.—Each covered institution selected by the Secretary for purposes of the pilot program under subsection (a)(1) shall— ‘‘(A) currently maintain a satellite or extension Senior Reserve Officers’ Training Corps unit under chapter 103 of title 10, United States Code, that is located more than 20 miles from the host unit of such unit; or ‘‘(B) establish and maintain a satellite or exten- sion Senior Reserve Officers’ Training Corps unit that meets the requirements in subparagraph (A). ‘‘(3) PREFERENCE IN SELECTION OF INSTITUTIONS.—In selecting covered institutions under this subsection for participation in the pilot program under sub- section (a)(1), the Secretary shall give preference to covered institutions that are located within 20 miles of a covered military installation of the same Armed Force as the host unit of the Senior Reserve Officers’ Training Corps of the covered institution concerned. ‘‘(4) PARTNERSHIP ACTIVITIES.—The activities con- ducted under the pilot program under subsection (a)(1) between a satellite or extension Senior Reserve Officers’ Training Corps unit and the covered mili- tary installation concerned shall include such activi- ties designed to reduce barriers to participation in the Senior Reserve Officers’ Training Corps at the covered institution concerned as the Secretary con- siders appropriate, including measures to mitigate travel time and expenses in connection with receipt of Senior Reserve Officers’ Training Corps instruc- tion. ‘‘(d) PILOT PROGRAM ON FINANCIAL ASSISTANCE FOR SROTC AND CSPI MEMBERS FOR FLIGHT TRAINING.— ‘‘(1) ELIGIBILITY FOR PARTICIPATION BY SROTC AND CSPI MEMBERS.—A member of a Senior Reserve Offi- cers’ Training Corps unit, or a member of a Coast Guard College Student Pre-Commissioning Initiative program, at a covered institution may participate in the pilot program under subsection (a)(2) if the mem- ber meets such academic requirements at the covered institution, and such other requirements, as the Sec- retary concerned shall establish for purposes of the pilot program. ‘‘(2) PREFERENCE IN SELECTION OF PARTICIPANTS.—In selecting members under this subsection for partici- pation in the pilot program under subsection (a)(2), the Secretary concerned shall give a preference to members who will pursue flight training under the pilot program at a covered institution. ‘‘(3) FINANCIAL ASSISTANCE FOR FLIGHT TRAINING.— ‘‘(A) IN GENERAL.—The Secretary concerned may provide any member of a Senior Reserve Officers’ Training Corps unit or a College Student Pre-Com- missioning Initiative program who participates in the pilot program under subsection (a)(2) financial assistance to defray, whether in whole or in part, the charges and fees imposed on the member for flight training. ‘‘(B) FLIGHT TRAINING.—Financial assistance may be used under subparagraph (A) for a course of flight training only if the course meets Federal Aviation Administration standards and is approved by the Federal Aviation Administration and the ap- plicable State approving agency. ‘‘(C) USE.—Financial assistance received by a member under subparagraph (A) may be used only to defray the charges and fees imposed on the mem- ber as described in that subparagraph. ‘‘(D) CESSATION OF ELIGIBILITY.—Financial assist- ance may not be provided to a member under sub- paragraph (A) as follows: ‘‘(i) If the member ceases to meet the academic and other requirements established pursuant to paragraph (1). ‘‘(ii) If the member ceases to be a member of the Senior Reserve Officers’ Training Corps or the College Student Pre-Commissioning Initiative, as applicable. ‘‘(e) EVALUATION METRICS.—The Secretary of Defense shall establish metrics to evaluate the effectiveness of the pilot programs under subsection (a). ‘‘(f) REPORTS.— ‘‘(1) INITIAL REPORT.—Not later than 180 days after the commencement of the pilot programs under sub- section (a), the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the pilot programs. The report shall include the following: ‘‘(A) A description of each pilot program, includ- ing in the case of the pilot program under sub- section (a)(2) the requirements established pursuant to subsection (d)(1). ‘‘(B) The evaluation metrics established under subsection (e). Page 1663 TITLE 10—ARMED FORCES § 2102 ‘‘(C) Such other matters relating to the pilot pro- grams as the Secretary considers appropriate. ‘‘(2) ANNUAL REPORT.—Not later than 90 days after the end of each fiscal year in which the Secretary carries out the pilot programs, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the pilot programs during such fiscal year. Each re- port shall include, for the fiscal year covered by such report, the following: ‘‘(A) In the case of the pilot program required by subsection (a)(1), a description of the partnerships between satellite or extension Senior Reserve Offi- cers’ Training Corps units and covered military in- stallations under the pilot program. ‘‘(B) In the case of the pilot program required by subsection (a)(2), the following: ‘‘(i) The number of members of Senior Reserve Officers’ Training Corps units, and the number of members of Coast Guard College Student Pre- Commissioning Initiative programs, at covered institutions selected for purposes of the pilot pro- gram, including the number of such members par- ticipating in the pilot program. ‘‘(ii) The number of recipients of financial as- sistance provided under the pilot program, includ- ing the number who— ‘‘(I) completed a ground school course of in- struction in connection with obtaining a pri- vate pilot’s certificate; ‘‘(II) completed flight training, and the type of training, certificate, or both received; ‘‘(III) were selected for a pilot training slot in the Armed Forces; ‘‘(IV) initiated pilot training in the Armed Forces; or ‘‘(V) successfully completed pilot training in the Armed Forces. ‘‘(iii) The amount of financial assistance pro- vided under the pilot program, broken out by cov- ered institution, course of study, and such other measures as the Secretary considers appropriate. ‘‘(C) Data collected in accordance with the eval- uation metrics established under subsection (e). ‘‘(3) FINAL REPORT.—Not later than 180 days prior to the completion of the pilot programs, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the pilot programs. The report shall include the following: ‘‘(A) A description of the pilot programs. ‘‘(B) An assessment of the effectiveness of each pilot program. ‘‘(C) A description of the cost of each pilot pro- gram, and an estimate of the cost of making each pilot program permanent. ‘‘(D) An estimate of the cost of expanding each pilot program throughout all eligible Senior Re- serve Officers’ Training Corps units and College Student Pre-Commissioning Initiative programs. ‘‘(E) Such recommendations for legislative or ad- ministrative action as the Secretary considers ap- propriate in light of the pilot programs, including recommendations for extending or making perma- nent the authority for each pilot program. ‘‘(g) DEFINITIONS.—In this section: ‘‘(1) The term ‘covered institution’ has the meaning given that term in section 262(g)(2) of the National Defense Authorization Act for Fiscal Year 2020 (Pub- lic Law 116–92; [10 U.S.C. 4144 note]). ‘‘(2) The term ‘covered military installation’ means an installation of the Department of Defense for the regular components of the Armed Forces. ‘‘(3) The term ‘flight training’ means a course of in- struction toward obtaining any of the following: ‘‘(A) A private pilot’s certificate. ‘‘(B) A commercial pilot certificate. ‘‘(C) A certified flight instructor certificate. ‘‘(D) A multi-crew pilot’s license. ‘‘(E) A flight instrument rating. ‘‘(F) Any other certificate, rating, or pilot privi- lege the Secretary considers appropriate for pur- poses of this section.’’ SEXUAL ASSAULT PREVENTION AND RESPONSE TRAINING FOR ADMINISTRATORS AND INSTRUCTORS OF SENIOR RESERVE OFFICERS’ TRAINING CORPS Pub. L. 114–92, div. A, title V, § 540, Nov. 25, 2015, 129 Stat. 818, provided that: ‘‘The Secretary of a military department shall ensure that the commander of each unit of the Senior Reserve Officers’ Training Corps and all Professors of Military Science, senior military in- structors, and civilian employees detailed, assigned, or employed as administrators and instructors of the Sen- ior Reserve Officers’ Training Corps receive regular sexual assault prevention and response training and education.’’ PROMOTION OF FOREIGN LANGUAGE SKILLS AMONG MEMBERS OF THE RESERVE OFFICERS’ TRAINING CORPS Pub. L. 109–163, div. A, title V, § 535, Jan. 6, 2006, 119 Stat. 3249, as amended by Pub. L. 111–383, div. A, title X, § 1075(h)(2), Jan. 7, 2011, 124 Stat. 4377, provided that: ‘‘(a) IN GENERAL.—The Secretary of Defense shall sup- port the acquisition of foreign language skills among cadets and midshipmen in the Reserve Officers’ Train- ing Corps, including through the development and im- plementation of— ‘‘(1) incentives for cadets and midshipmen to par- ticipate in study of a foreign language, including spe- cial emphasis for Arabic, Chinese, and other ‘stra- tegic languages’, as defined by the Secretary of De- fense in consultation with other relevant agencies; and ‘‘(2) a recruiting strategy to target foreign lan- guage speakers, including members of heritage com- munities, to participate in the Reserve Officers’ Training Corps. ‘‘(b) REPORT REQUIRED.—Not later than 180 days after the date of the enactment of this Act [Jan. 6, 2006], the Secretary shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the actions taken to carry out this section.’’ § 2102. Establishment (a) For the purpose of preparing selected stu- dents for commissioned service in the Army, Navy, Air Force, Marine Corps, or Space Force, the Secretary of each military department, under regulations prescribed by the President, may establish and maintain a Senior Reserve Officers’ Training Corps program, organized into one or more units, at any accredited civilian educational institution authorized to grant bac- calaureate degrees, and at any school essen- tially military that does not confer bacca- laureate degrees, upon the request of the au- thorities at that institution. (b) No unit may be established or maintained at an institution unless— (1) the senior commissioned officer of the armed force concerned who is assigned to the program at that institution is given the aca- demic rank of professor; (2) the institution fulfills the terms of its agreement with the Secretary of the military department concerned; and (3) the institution adopts, as a part of its curriculum, a four-year course of military in- struction or a two-year course of advanced training of military instruction, or both, which the Secretary of the military depart- ment concerned prescribes and conducts. (c) At those institutions where a unit of the program is established membership of students