10 U.S.C. § 2111a — Support for senior military colleges

Page 1676 TITLE 10—ARMED FORCES § 2111 Nov. 2, 1966, 80 Stat. 1118; Pub. L. 94–273, § 11(2), Apr. 21, 1976, 90 Stat. 378; Pub. L. 97–375, title I, § 104(c), Dec. 21, 1982, 96 Stat. 1819.) Editorial Notes AMENDMENTS 1982—Subsec. (b). Pub. L. 97–375 struck out require- ment that the Secretary of each military department report annually to Congress in April on the progress of the flight instruction program. 1976—Subsec. (b). Pub. L. 94–273 substituted ‘‘April’’ for ‘‘January’’. 1966—Subsec. (a)(1). Pub. L. 89–718 substituted ‘‘edu- cational’’ for ‘‘education’’. § 2111. Personnel: administrators and instructors The Secretary of the military department con- cerned may detail regular or reserve members of an armed force under his jurisdiction (including retired members and members of the Fleet Re- serve and Fleet Marine Corps Reserve recalled to active duty with their consent) for instruc- tional and administrative duties at educational institutions where units of the program are maintained. The Secretary of the Air Force may detail members of the Space Force in the same manner as regular and reserve members of the Air Force. (Added Pub. L. 88–647, title II, § 201(1), Oct. 13, 1964, 78 Stat. 1069; amended Pub. L. 118–31, div. A, title XVII, § 1722(l)(3), Dec. 22, 2023, 137 Stat. 674.) Editorial Notes AMENDMENTS 2023—Pub. L. 118–31 inserted at end ‘‘The Secretary of the Air Force may detail members of the Space Force in the same manner as regular and reserve members of the Air Force.’’ Statutory Notes and Related Subsidiaries DEMONSTRATION PROJECT FOR INSTRUCTION AND SUP- PORT OF ARMY ROTC UNITS BY ARMY RESERVE AND NATIONAL GUARD Pub. L. 104–201, div. A, title V, § 554, Sept. 23, 1996, 110 Stat. 2527, directed the Secretary of the Army to carry out a demonstration project in order to assess the fea- sibility and advisability of providing instruction and similar support to units of the Senior Reserve Officers’ Training Corps of the Army through members of the Army Reserve, including members of the Individual Ready Reserve, and members of the Army National Guard, at at least one institution of higher education, and to submit to Congress a report assessing the activi- ties under the project not later than Feb. 1 in each of 1998 and 1999, and provided that the Secretary’s author- ity to carry out the project would expire three years after Sept. 23, 1996. § 2111a. Support for senior military colleges (a) DETAIL OF OFFICERS TO SERVE AS COM- MANDANT OR ASSISTANT COMMANDANT OF CA- DETS.—(1) Upon the request of a senior military college, the Secretary of Defense may detail an officer on the active-duty list to serve as Com- mandant of Cadets at that college or (in the case of a college with an Assistant Commandant of Cadets) detail an officer on the active-duty list to serve as Assistant Commandant of Cadets at that college (but not both). (2) In the case of an officer detailed as Com- mandant of Cadets, the officer may, upon the re- quest of the college, be assigned from among the Professor of Military Science, the Professor of Naval Science (if any), and the Professor of Aerospace Science (if any) at that college or may be in addition to any other officer detailed to that college in support of the program. (3) In the case of an officer detailed as Assist- ant Commandant of Cadets, the officer may, upon the request of the college, be assigned from among officers otherwise detailed to duty at that college in support of the program or may be in addition to any other officer detailed to that college in support of the program. (b) DESIGNATION OF OFFICERS AS TACTICAL OF- FICERS.—Upon the request of a senior military college, the Secretary of Defense may authorize officers (other than officers covered by sub- section (a)) who are detailed to duty as instruc- tors at that college to act simultaneously as tactical officers (with or without compensation) for the Corps of Cadets at that college. (c) DETAIL OF OFFICERS.—The Secretary of a military department shall designate officers for detail to the program at a senior military col- lege in accordance with criteria provided by the college. An officer may not be detailed to a sen- ior military college without the approval of that college. (d) TERMINATION OR REDUCTION OF PROGRAM PROHIBITED.—The Secretary of Defense and the Secretaries of the military departments may not take or authorize any action to terminate or reduce a unit of the Senior Reserve Officers’ Training Corps at a senior military college un- less the termination or reduction is specifically requested by the college. (e) ASSIGNMENT TO ACTIVE DUTY.—(1) The Sec- retary of the Army shall ensure that a graduate of a senior military college who desires to serve as a commissioned officer on active duty upon graduation from the college, who is medically and physically qualified for active duty, and who is recommended for such duty by the pro- fessor of military science at the college, shall be assigned to active duty. (2) Nothing in this section shall be construed to prohibit the Secretary of the Army from re- quiring a member of the program who graduates from a senior military college to serve on active duty. (f) SENIOR MILITARY COLLEGES.—The senior military colleges are the following: (1) Texas A&M University. (2) Norwich University. (3) The Virginia Military Institute. (4) The Citadel. (5) Virginia Polytechnic Institute and State University. (6) The University of North Georgia. (Added Pub. L. 104–106, div. A, title V, § 545(a), Feb. 10, 1996, 110 Stat. 317; amended Pub. L. 105–85, div. A, title V, § 544(d)–(f)(1), Nov. 18, 1997, 111 Stat. 1745, 1746; Pub. L. 106–65, div. A, title V, § 541(c), Oct. 5, 1999, 113 Stat. 607; Pub. L. 113–66, div. A, title V, § 583, Dec. 26, 2013, 127 Stat. 776.) Page 1677 TITLE 10—ARMED FORCES § 2111b Editorial Notes AMENDMENTS 2013—Subsec. (f)(6). Pub. L. 113–66 amended par. (6) generally. Prior to amendment, par. (6) read as follows: ‘‘North Georgia College and State University.’’ 1999—Subsec. (e)(1). Pub. L. 106–65 struck out at end ‘‘This paragraph shall apply to a member of the pro- gram at a senior military college who graduates from the college after March 31, 1997.’’ 1997—Pub. L. 105–85, § 544(f)(1), substituted ‘‘Support for’’ for ‘‘Detail of officers to’’ in section catchline. Subsecs. (d), (e). Pub. L. 105–85, § 544(d)(2), added sub- secs. (d) and (e). Former subsec. (d) redesignated (f). Subsec. (f). Pub. L. 105–85, § 544(e), substituted ‘‘Uni- versity’’ for ‘‘College’’ in par. (2) and inserted ‘‘and State University’’ before period at end of par. (6). Pub. L. 105–85, § 544(d)(1), redesignated subsec. (d) as (f). Statutory Notes and Related Subsidiaries CONTINUATION OF SUPPORT TO SENIOR MILITARY COLLEGES Pub. L. 105–85, div. A, title V, § 544(a)–(c), Nov. 18, 1997, 111 Stat. 1744, provided that: ‘‘(a) DEFINITION OF SENIOR MILITARY COLLEGES.—For purposes of this section, the term ‘senior military col- leges’ means the following: ‘‘(1) Texas A&M University. ‘‘(2) Norwich University. ‘‘(3) The Virginia Military Institute. ‘‘(4) The Citadel. ‘‘(5) Virginia Polytechnic Institute and State Uni- versity. ‘‘(6) North Georgia College and State University. ‘‘(b) FINDINGS.—Congress finds the following: ‘‘(1) The senior military colleges consistently have provided substantial numbers of highly qualified, long-serving leaders to the Armed Forces. ‘‘(2) The quality of the military leaders produced by the senior military colleges is, in part, the result of the rigorous military environment imposed on stu- dents attending the senior military colleges by the colleges, as well as the result of the long-standing close support relationship between the Corps of Ca- dets at each college and the Reserve Officer Training Corps personnel at the colleges who serve as effective leadership role models and mentors. ‘‘(3) In recognition of the quality of the young lead- ers produced by the senior military colleges, the De- partment of Defense and the military services have traditionally maintained special relationships with the colleges, including the policy to grant active duty service in the Army to graduates of the colleges who desire such service and who are recommended for such service by their ROTC professors of military science. ‘‘(4) Each of the senior military colleges has dem- onstrated an ability to adapt its systems and oper- ations to changing conditions in, and requirements of, the Armed Forces without compromising the qual- ity of leaders produced and without interruption of the close relationship between the colleges and the Department of Defense. ‘‘(c) SENSE OF CONGRESS.—In light of the findings in subsection (b), it is the sense of Congress that— ‘‘(1) the proposed initiative of the Secretary of the Army to end the commitment to active duty service for all graduates of senior military colleges who de- sire such service and who are recommended for such service by their ROTC professors of military science is short-sighted and contrary to the long-term inter- ests of the Army; ‘‘(2) as they have in the past, the senior military colleges can and will continue to accommodate to changing military requirements to ensure that future graduates entering military service continue to be of- ficers of superb quality who are quickly assimilated by the Armed Forces and fully prepared to make sig- nificant contributions to the Armed Forces through extended military careers; and ‘‘(3) decisions of the Secretary of Defense or the Secretary of a military department that fundamen- tally and unilaterally change the long-standing rela- tionship of the Armed Forces with the senior mili- tary colleges are not in the best interests of the De- partment of Defense or the Armed Forces and are patently unfair to students who made decisions to en- roll in the senior military colleges on the basis of ex- isting Department and Armed Forces policy.’’ § 2111b. Senior military colleges: Department of Defense international student program (a) PROGRAM REQUIREMENT.—The Secretary of Defense shall establish a program to facilitate the enrollment and instruction of persons from foreign countries as international students at the senior military colleges. (b) PURPOSES.—The purposes of the program shall be— (1) to provide a high-quality, cost-effective military-based educational experience for international students in furtherance of the military-to-military program objectives of the Department of Defense; and (2) to enhance the educational experience and preparation of future United States mili- tary leaders through increased, extended interaction with highly qualified potential for- eign military leaders. (c) COORDINATION WITH THE SENIOR MILITARY COLLEGES.—Guidelines for implementation of the program shall be developed in coordination with the senior military colleges. (d) RECOMMENDATIONS FOR ADMISSION OF STU- DENTS UNDER THE PROGRAM.—The Secretary of Defense shall annually identify to the senior military colleges the international students who, based on criteria established by the Sec- retary, the Secretary recommends be considered for admission under the program. The Secretary shall identify the recommended international students to the senior military colleges as early as possible each year to enable those colleges to consider them in a timely manner in their re- spective admissions processes. (e) DOD FINANCIAL SUPPORT.—An inter- national student who is admitted to a senior military college under the program under this section is responsible for the cost of instruction at that college. The Secretary of Defense may, from funds available to the Department of De- fense other than funds available for financial as- sistance under section 2107a of this title, provide some or all of the costs of instruction for any such student. (Added Pub. L. 106–65, div. A, title V, § 541(a)(1), Oct. 5, 1999, 113 Stat. 606.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 106–65, div. A, title V, § 541(b), Oct. 5, 1999, 113 Stat. 607, provided that: ‘‘The Secretary of Defense shall implement the program under section 2111b of title 10, United States Code, as added by subsection (a), with students entering the senior military colleges after May 1, 2000.’’