10 U.S.C. § 2163 — Degree granting authority for National

Page 1706 TITLE 10—ARMED FORCES § 2163 105–85, div. A, title IX, § 921(b), Nov. 18, 1997, 111 Stat. 1862; Pub. L. 107–107, div. A, title V, § 527(b), Dec. 28, 2001, 115 Stat. 1102; Pub. L. 107–314, div. A, title X, § 1062(a)(7), Dec. 2, 2002, 116 Stat. 2650.) Editorial Notes AMENDMENTS 2002—Subsec. (b)(2). Pub. L. 107–314 substituted ‘‘De- cember 28, 2001,’’ for ‘‘the date of the enactment of this paragraph’’. 2001—Subsec. (b)(2), (3). Pub. L. 107–107 added par. (2) and redesignated former par. (2) as (3). 1997—Subsec. (d). Pub. L. 105–85 amended subsec. (d) generally. Prior to amendment, subsec. (d) read as fol- lows: ‘‘(d) DEFINITIONS.—In this section: ‘‘(1) The term ‘professional military education school’ means— ‘‘(A) the National Defense University; ‘‘(B) the Army War College; ‘‘(C) the College of Naval Warfare; ‘‘(D) the Air War College; ‘‘(E) the United States Army Command and Gen- eral Staff College; ‘‘(F) the College of Naval Command and Staff; ‘‘(G) the Air Command and Staff College; or ‘‘(H) the Marine Corps Command and Staff Col- lege. ‘‘(2) The term ‘National Defense University’ means the National War College, the Armed Forces Staff College, and the Industrial College of the Armed Forces.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 101–510, div. A, title IX, § 911(b)[(c)], Nov. 5, 1990, 104 Stat. 1626, provided that: ‘‘Section 2162 of title 10, United States Code, as added by subsection (a), shall apply with respect to fiscal years after fiscal year 1991.’’ EXECUTIVE AGENT FOR FUNDING PROFESSIONAL DEVELOPMENT EDUCATION Pub. L. 107–107, div. A, title V, § 527(a), Dec. 28, 2001, 115 Stat. 1101, provided that: ‘‘(1) Effective beginning with fiscal year 2003, the Sec- retary of Defense shall be the executive agent for fund- ing professional development education operations of all components of the National Defense University, in- cluding the Joint Forces Staff College. The Secretary may not delegate the Secretary’s functions and respon- sibilities under the preceding sentence to the Secretary of a military department. ‘‘(2) Nothing in this subsection affects policies in ef- fect on the date of the enactment of this Act [Dec. 28, 2001] with respect to— ‘‘(A) the reporting of the President of the National Defense University to the Chairman of the Joint Chiefs of Staff; or ‘‘(B) provision of logistical and base operations sup- port for components of the National Defense Univer- sity by the military departments.’’ § 2163. Degree granting authority for National Defense University (a) AUTHORITY.—Under regulations prescribed by the Secretary of Defense, the President of the National Defense University may, upon the rec- ommendation of the faculty of the National De- fense University, confer appropriate degrees upon graduates who meet the degree require- ments. (b) LIMITATION.—A degree may not be con- ferred under this section unless— (1) the Secretary of Education has rec- ommended approval of the degree in accord- ance with the Federal Policy Governing Granting of Academic Degrees by Federal Agencies; and (2) the National Defense University is ac- credited by the appropriate civilian academic accrediting agency or organization to award the degree, as determined by the Secretary of Education. (c) CONGRESSIONAL NOTIFICATION REQUIRE- MENTS.—(1) When seeking to establish degree granting authority under this section, the Sec- retary of Defense shall submit to the Commit- tees on Armed Services of the Senate and House of Representatives— (A) a copy of the self assessment question- naire required by the Federal Policy Gov- erning Granting of Academic Degrees by Fed- eral Agencies, at the time the assessment is submitted to the Department of Education’s National Advisory Committee on Institutional Quality and Integrity; and (B) the subsequent recommendations and ra- tionale of the Secretary of Education regard- ing the establishment of the degree granting authority. (2) Upon any modification or redesignation of existing degree granting authority, the Sec- retary of Defense shall submit to the Commit- tees on Armed Services of the Senate and House of Representatives a report containing the ra- tionale for the proposed modification or redesig- nation and any subsequent recommendation of the Secretary of Education on the proposed modification or redesignation. (3) The Secretary of Defense shall submit to the Committees on Armed Services of the Sen- ate and House of Representatives a report con- taining an explanation of any action by the ap- propriate academic accrediting agency or orga- nization not to accredit the National Defense University to award any new or existing degree. (Added Pub. L. 103–160, div. A, title IX, § 922(a), Nov. 30, 1993, 107 Stat. 1730; amended Pub. L. 109–163, div. A, title V, § 521(a), Jan. 6, 2006, 119 Stat. 3239; Pub. L. 110–181, div. A, title V, § 526(a), (b)(1), Jan. 28, 2008, 122 Stat. 104, 105; Pub. L. 110–417, [div. A], title V, § 543(b)(1), Oct. 14, 2008, 122 Stat. 4457.) Editorial Notes AMENDMENTS 2008—Pub. L. 110–417 amended section generally. Prior to amendment, section related to conferral of master of science and master of arts degrees by National Defense University. Pub. L. 110–181, § 526(b)(1), substituted ‘‘National De- fense University: master’s degree programs’’ for ‘‘Na- tional Defense University: master of science degrees’’ in section catchline. Subsec. (a). Pub. L. 110–181, § 526(a)(1), inserted ‘‘or master of arts’’ after ‘‘master of science’’. Subsec. (b)(4). Pub. L. 110–181, § 526(a)(2), added par. (4). 2006—Pub. L. 109–163 amended section catchline and text generally. Prior to amendment, text read as fol- lows: ‘‘(a) NATIONAL WAR COLLEGE DEGREE.—The President of the National Defense University, upon the rec- ommendation of the faculty and commandant of the Page 1707 TITLE 10—ARMED FORCES § 2164 National War College, may confer the degree of master of science of national security strategy upon graduates of the National War College who fulfill the require- ments for the degree. ‘‘(b) ICAF DEGREE.—The President of the National Defense University, upon the recommendation of the faculty and commandant of the Industrial College of the Armed Forces, may confer the degree of master of science of national resource strategy upon graduates of the Industrial College of the Armed Forces who fulfill the requirements for the degree. ‘‘(c) REGULATIONS.—The authority provided by sub- sections (a) and (b) shall be exercised under regulations prescribed by the Secretary of Defense.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Pub. L. 110–417, [div. A], title V, § 543(j), Oct. 14, 2008, 122 Stat. 4465, provided that: ‘‘The amendments made by this section [amending this section and sections 2161, 4314, 4321, 7048, 7101, 7102, 9314, and 9317 of this title] shall apply to any degree granting authority es- tablished, modified, or redesignated on or after the date of enactment of this Act [Oct. 14, 2008] for an insti- tution of professional military education referred to in such amendments.’’ Pub. L. 110–181, div. A, title V, § 526(c), Jan. 28, 2008, 122 Stat. 105, provided that: ‘‘Paragraph (4) of section 2163(b) of title 10, United States Code, as added by sub- section (a) of this section, applies with respect to any person who becomes a graduate of the National Defense University on or after September 6, 2006, and fulfills the requirements of the program referred to in such para- graph (4).’’ EFFECTIVE DATE OF 2006 AMENDMENT Pub. L. 109–163, div. A, title V, § 521(c), Jan. 6, 2006, 119 Stat. 3240, provided that: ‘‘Paragraph (3) of section 2163(b) of title 10, United States Code, as amended by subsection (a), shall take effect for degrees awarded after May 2005.’’ § 2164. Department of Defense domestic depend- ent elementary and secondary schools (a) AUTHORITY OF SECRETARY.—(1) If the Sec- retary of Defense makes a determination that appropriate educational programs are not avail- able through a local educational agency for de- pendents of members of the armed forces and de- pendents of civilian employees of the Federal Government residing on a military installation in the United States (including territories, com- monwealths, and possessions of the United States), the Secretary may enter into arrange- ments to provide for the elementary or sec- ondary education of the dependents of such members of the armed forces and, to the extent authorized in subsection (c), the dependents of such civilian employees. (2) The Secretary may, at the discretion of the Secretary, permit dependents of members of the armed forces and, to the extent provided in sub- section (c), dependents of civilian employees of the Federal Government residing in a territory, commonwealth, or possession of the United States but not on a military installation, to en- roll in an educational program provided by the Secretary pursuant to this subsection. If a mem- ber of the armed forces is assigned to a remote location or is assigned to an unaccompanied tour of duty, a dependent of the member who re- sides, on or off a military installation, in a ter- ritory, commonwealth, or possession of the United States, as authorized by the member’s orders, may be enrolled in an educational pro- gram provided by the Secretary under this sub- section. (3)(A) Under the circumstances described in subparagraph (B), the Secretary may, at the dis- cretion of the Secretary, permit a dependent of a member of the armed forces to enroll in an educational program provided by the Secretary pursuant to this subsection without regard to the requirement in paragraph (1) with respect to residence on a military installation. (B) Subparagraph (A) applies only if— (i) the dependents reside in temporary hous- ing (regardless of whether the temporary housing is on Federal property)— (I) because of the unavailability of ade- quate permanent living quarters on the mili- tary installation to which the member is as- signed; or (II) while the member is wounded, ill, or injured; and (ii) the Secretary determines that the cir- cumstances of such living arrangements jus- tify extending the enrollment authority to in- clude the dependents. (b) FACTORS FOR SECRETARY TO CONSIDER.—(1) Factors to be considered by the Secretary of De- fense in making a determination under sub- section (a) shall include the following: (A) The extent to which such dependents are eligible for free public education in the local area adjacent to the military installation. (B) The extent to which the local edu- cational agency is able to provide an appro- priate educational program for such depend- ents. (2) For purposes of paragraph (1)(B), an appro- priate educational program is a program that, as determined by the Secretary, is comparable to a program of free public education provided for children by the following local educational agencies: (A) In the case of a military installation lo- cated in a State (other than an installation re- ferred to in subparagraph (B)), local edu- cational agencies in the State that are similar to the local educational agency referred to in paragraph (1)(B). (B) In the case of a military installation with boundaries contiguous to two or more States, local educational agencies in the con- tiguous States that are similar to the local educational agency referred to in paragraph (1)(B). (C) In the case of a military installation lo- cated in a territory, commonwealth, or posses- sion, the District of Columbia public schools, except that an educational program deter- mined comparable under this subparagraph may be considered appropriate for the pur- poses of paragraph (1)(B) only if the program is conducted in the English language. (c) ELIGIBILITY OF DEPENDENTS OF FEDERAL EMPLOYEES.—(1)(A) A dependent of a Federal employee residing in permanent living quarters on a military installation at any time during the school year may enroll in an educational program provided by the Secretary of Defense pursuant to subsection (a) for dependents resid- ing on such installation.