10 U.S.C. § 9414a — United States Air Force Institute of

Page 3509 TITLE 10—ARMED FORCES § 9414a 1985—Pub. L. 99–145, § 504(a)(2)(A), struck out ‘‘: degrees’’ after ‘‘Technology’’ in section catchline. Subsecs. (a), (b). Pub. L. 99–145, § 504(a)(1), designated existing provisions as subsec. (a) and added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. EFFECTIVE DATE OF 2008 AMENDMENT Amendment by section 543(h)(1) of Pub. L. 110–417 ap- plicable to any degree granting authority established, modified, or redesignated on or after Oct. 14, 2008, for an institution of professional military education re- ferred to in such amendment, see section 543(j) of Pub. L. 110–417, set out as a note under section 2163 of this title. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101–509 effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after Nov. 5, 1990, see section 529 [title III, § 305] of Pub. L. 101–509, set out as a note under section 5301 of Title 5, Government Or- ganization and Employees. CIVILIAN MEMBERS OF FACULTY OF AIR FORCE INSTITUTE OF TECHNOLOGY ON NOVEMBER 8, 1985 Subsec. (b)(2) of this section not applicable to persons who, on Nov. 8, 1985, were civilian members of the fac- ulty of the Air Force Institute of Technology, were being paid a rate of basic pay under the General Sched- ule, and elected under procedures prescribed by the Secretary of the Air Force to continue to be paid under the General Schedule, see section 504(c) of Pub. L. 99–145, set out as a note under section 5102 of Title 5, Government Organization and Employees. § 9414a. United States Air Force Institute of Technology: admission of certain private sec- tor civilians (a) ADMISSION AUTHORIZED.—(1) The Secretary of the Air Force may permit a covered private sector employee to receive instruction at the United States Air Force Institute of Technology in accordance with this section. A covered pri- vate sector employee may be enrolled in, and may be provided instruction in, a program lead- ing to a graduate degree or professional con- tinuing education certificate in a defense-fo- cused or homeland security-focused curriculum related to aeronautics and astronautics, elec- trical and computer engineering, engineering physics, mathematics and statistics, operational sciences, or systems and engineering manage- ment. (2) No more than 125 covered private sector employees may be enrolled at the United States Air Force Institute of Technology at any one time under the authority of paragraph (1). (3) Upon successful completion of the course of instruction at the United States Air Force Insti- tute of Technology in which a covered private sector employee is enrolled, the covered private sector employee may be awarded an appropriate degree under section 9414 of this title or an ap- propriate professional continuing education cer- tificate, as applicable. (b) COVERED PRIVATE SECTOR EMPLOYEE DE- FINED.—(1) In this section, the term ‘‘covered private sector employee’’ means— (A) an individual employed by a private firm that is engaged in providing to the Depart- ment of Defense significant and substantial defense-related systems, products, or services; or (B) an individual employed by a private firm in one of the critical infrastructure sectors identified in Presidential Policy Directive 21 (Critical Infrastructure Security and Resil- ience). (2) A covered private sector employee admit- ted for instruction at the United States Air Force Institute of Technology remains eligible for such instruction only so long as the person remains employed by the same firm. (c) ANNUAL DETERMINATION BY THE SECRETARY OF THE AIR FORCE.—A covered private sector em- ployee may receive instruction at the United States Air Force Institute of Technology during any academic year only if, before the start of that academic year, the Secretary of the Air Force, or the designee of the Secretary, deter- mines that providing instruction to covered pri- vate sector employees under this section during that year— (1) will further the military mission of the United States Air Force Institute of Tech- nology; and (2) will not require an increase in the perma- nently authorized size of the faculty of the school, an increase in the course offerings of the school, or an increase in the laboratory fa- cilities or other infrastructure of the school. (d) PROGRAM REQUIREMENTS.—The Secretary of the Air Force shall ensure that— (1) the curriculum in which a covered pri- vate sector employee may be enrolled under this section is not readily available through other schools and concentrates on the areas of focus specified in subsection (a)(1) that are conducted by military organizations and de- fense or homeland security contractors work- ing in close cooperation; and (2) the course offerings at the United States Air Force Institute of Technology continue to be determined solely by the needs of the De- partment of Defense or the Department of Homeland Security, as applicable. (e) TUITION.—(1) The United States Air Force Institute of Technology shall charge tuition for students enrolled under this section at a rate not less than the rate charged for employees of the United States outside the Department of the Air Force. (2) Amounts received by the United States Air Force Institute of Technology for instruction of students enrolled under this section shall be re- tained by the school to defray the costs of such instruction. The source, and the disposition, of such funds shall be specifically identified in records of the school. (f) STANDARDS OF CONDUCT.—While receiving instruction at the United States Air Force Insti- tute of Technology, covered private sector em- ployees enrolled under this section, to the ex- tent practicable, are subject to the same regula- tions governing academic performance, attend- ance, norms of behavior, and enrollment as apply to Government civilian employees receiv- ing instruction at the school. Page 3510 TITLE 10—ARMED FORCES § 9414b (Added Pub. L. 111–383, div. A, title V, § 593(a), Jan. 7, 2011, 124 Stat. 4232, § 9314a; amended Pub. L. 112–239, div. A, title V, § 589(b), Jan. 2, 2013, 126 Stat. 1769; Pub. L. 114–92, div. A, title V, § 558, title X, § 1081(a)(13), Nov. 25, 2015, 129 Stat. 827, 1001; Pub. L. 115–91, div. A, title V, § 581(a)–(d)(1), Dec. 12, 2017, 131 Stat. 1414, 1415; renumbered § 9414a and amended Pub. L. 115–232, div. A, title VIII, §§ 806(a)(3), 809(a), Aug. 13, 2018, 132 Stat. 1832, 1840.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–232, § 806(a)(3), renumbered section 9314a of this title as this section. Subsec. (a)(3). Pub. L. 115–232, § 809(a), substituted ‘‘section 9414’’ for ‘‘section 9314’’. 2017—Pub. L. 115–91, § 581(d)(1), amended section catchline generally. Prior to amendment, catchline read as follows: ‘‘United States Air Force Institute of Technology: admission of defense industry civilians’’. Subsec. (a)(1). Pub. L. 115–91, § 581(b)(1)(A), (c)(1), sub- stituted ‘‘a covered private sector employee’’ for ‘‘de- fense industry employees described in subsection (b)’’, ‘‘A covered private sector employee’’ for ‘‘Any such de- fense industry employee’’, and ‘‘a defense-focused or homeland security-focused’’ for ‘‘a defense focused’’. Subsec. (a)(2). Pub. L. 115–91, § 581(b)(1)(B), substituted ‘‘covered private sector employees’’ for ‘‘defense indus- try employees’’. Subsec. (a)(3). Pub. L. 115–91, § 581(b)(1)(C), substituted ‘‘covered private sector employee’’ for ‘‘defense indus- try employee’’ in two places. Subsec. (b). Pub. L. 115–91, § 581(a), amended subsec. (b) generally. Prior to amendment, text read as follows: ‘‘For purposes of this section, an eligible defense indus- try employee is an individual employed by a private firm that is engaged in providing to the Department of Defense significant and substantial defense-related sys- tems, products, or services. A defense industry em- ployee admitted for instruction at the United States Air Force Institute of Technology remains eligible for such instruction only so long as that person remains employed by the same firm.’’ Subsec. (c). Pub. L. 115–91, § 581(b)(2), in introductory provisions, substituted ‘‘A covered private sector em- ployee’’ for ‘‘Defense industry employees’’ and ‘‘cov- ered private sector employees’’ for ‘‘defense industry employees’’. Subsec. (d)(1). Pub. L. 115–91, § 581 (b)(3), (c)(2)(A), sub- stituted ‘‘a covered private sector employee’’ for ‘‘de- fense industry employees’’ and inserted ‘‘or homeland security’’ after ‘‘and defense’’. Subsec. (d)(2). Pub. L. 115–91, § 581(c)(2)(B), inserted ‘‘or the Department of Homeland Security, as applica- ble’’ before period at end. Subsec. (f). Pub. L. 115–91, § 581(b)(4), substituted ‘‘covered private sector employees’’ for ‘‘defense indus- try employees’’. 2015—Subsec. (b). Pub. L. 114–92, § 1081(a)(13), sub- stituted ‘‘only so long as’’ for ‘‘only so long at’’. Subsec. (c)(2). Pub. L. 114–92, § 558, substituted ‘‘will not require an increase in the permanently authorized size of the faculty’’ for ‘‘will be done on a space-avail- able basis and not require an increase in the size of the faculty’’. 2013—Subsec. (a)(1). Pub. L. 112–239, § 589(b)(1), in- serted ‘‘or professional continuing education certifi- cate’’ after ‘‘graduate degree’’. Subsec. (a)(3). Pub. L. 112–239, § 589(b)(2), inserted ‘‘or an appropriate professional continuing education cer- tificate, as applicable’’ before period at end. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. § 9414b. United States Air Force Institute of Technology: administration (a) DIRECTOR AND CHANCELLOR.— (1) SELECTION.—The Director and Chancellor of the United States Air Force Institute of Technology shall be selected by the Secretary of the Air Force. (2) ELIGIBILITY.—The Director and Chan- cellor shall be one of the following: (A) An officer of the Air Force or the Space Force on active duty in a grade not below the grade of colonel who possesses such qualifications as the Secretary con- siders appropriate and is assigned or detailed to such position. (B) A member of the Senior Executive Service or a civilian individual, including an individual who was retired from the Air Force or the Space Force in a grade not below brigadier general, who has the quali- fications appropriate for the position of Di- rector and Chancellor and is selected by the Secretary as the best qualified from among candidates for the position in accordance with a process and criteria determined by the Secretary. (3) TERM FOR CIVILIAN DIRECTOR AND CHAN- CELLOR.—An individual selected for the posi- tion of Director and Chancellor under para- graph (2)(B) shall serve in that position for a term of not more than five years and may be continued in that position for an additional term of up to five years. (b) PROVOST AND CHIEF ACADEMIC OFFICER.— (1) IN GENERAL.—There is established at the United States Air Force Institute of Tech- nology the civilian position of Provost and Chief Academic Officer who shall be selected by the Secretary. (2) TERM.—An individual selected for the po- sition of Provost and Chief Academic Officer shall serve in that position for a term of not more than five years and may be continued in that position for an additional term of up to five years. (3) COMPENSATION.—The individual serving as Provost and Chief Academic Officer is enti- tled to such compensation for such service as the Secretary shall prescribe for purposes of this section, but not more than the rate of compensation authorized for level IV of the Executive Schedule. (Added Pub. L. 112–81, div. A, title V, § 554(a), Dec. 31, 2011, 125 Stat. 1414, § 9314b; renumbered § 9414b, Pub. L. 115–232, div. A, title VIII, § 806(a)(3), Aug. 13, 2018, 132 Stat. 1832; amended Pub. L. 116–92, div. A, title V, § 556(a), Dec. 20, 2019, 133 Stat. 1392; Pub. L. 116–283, div. A, title IX, § 923(d)(5), Jan. 1, 2021, 134 Stat. 3814; Pub. L. 117–263, div. A, title V, § 554(b), Dec. 23, 2022, 136 Stat. 2594; Pub. L. 118–159, div. A, title V, § 521(l), Dec. 23, 2024, 138 Stat. 1882.)