10 U.S.C. § 2102 — Establishment

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 Page 1664 TITLE 10—ARMED FORCES § 2103 in the program shall be elective or compulsory as provided by State law or the authorities of the institution concerned. (d) The President shall cause to be established and maintained in each State at least one unit of the program if— (1) a unit is requested by an educational in- stitution in the State; (2) such request is approved by the Governor of the State in which the institution request- ing the unit is located; and (3) the Secretary of the military department concerned determines that there will be not less than 40 students enrolled in such unit and that the provisions of this section are other- wise satisfied. (Added Pub. L. 88–647, title II, § 201(1), Oct. 13, 1964, 78 Stat. 1065; amended Pub. L. 95–79, title VI, § 602, July 30, 1977, 91 Stat. 332; Pub. L. 116–283, div. A, title IX, § 924(b)(3)(BB), Jan. 1, 2021, 134 Stat. 3822.) Editorial Notes AMENDMENTS 2021—Subsec. (a). Pub. L. 116–283 substituted ‘‘Marine Corps, or Space Force’’ for ‘‘or Marine Corps’’. 1977—Subsec. (d). Pub. L. 95–79 added subsec. (d). Statutory Notes and Related Subsidiaries MILITARY TRAINING FOR FEMALE UNDERGRADUATES AT MILITARY COLLEGES; REGULATIONS Pub. L. 95–485, title VIII, § 809, Oct. 20, 1978, 92 Stat. 1623, directed the Secretary of Defense to require that any college or university designated as a military col- lege provide that qualified female undergraduate stu- dents be eligible to participate in military training at such college or university, and prohibited the Sec- retary from requiring such college or university to re- quire female undergraduate students enrolled in such college or university to participate in military train- ing, prior to repeal by Pub. L. 98–525, title XIV, §§ 1403(b), 1404, Oct. 19, 1984, 98 Stat. 2621, eff. Oct. 1, 1985. See section 2009 of this title. Executive Documents DELEGATION OF FUNCTIONS Functions of President under subsec. (a) of this sec- tion delegated to Secretary of Defense, see section 1(10) of Ex. Ord. No. 11390, Jan. 22, 1968, 33 F.R. 841, set out as a note under section 301 of Title 3, The President. § 2103. Eligibility for membership (a) To be eligible for membership in the pro- gram a person must be a student at an institu- tion where a unit of the Senior Reserve Officers’ Training Corps is established. However, a stu- dent at an institution that does not have a unit of the Corps is eligible, if otherwise qualified, to be a member of a unit at another institution. (b) Persons from foreign countries may be en- rolled as members of the program when their en- rollment is approved by the Secretary of the military department concerned under criteria approved by the Secretary of State. (c) A medical, dental, pharmacy, veterinary, or sciences allied to medicine, student may be admitted to a unit of the program for a course of training consisting of 90 hours of instruction a year for four academic years. (d) Under such conditions as the Secretary of the military department concerned may pre- scribe, a medical, dental, pharmacy, veterinary, or sciences allied to medicine, student who is a commissioned officer of a reserve component of an armed force may be admitted to and trained in a unit of the program. (e) An educational institution at which a unit of the program has been established shall give priority for enrollment in the program to stu- dents who are eligible for advanced training under section 2104 of this title. (Added Pub. L. 88–647, title II, § 201(1), Oct. 13, 1964, 78 Stat. 1065; amended Pub. L. 104–201, div. A, title V, § 551(a)(1), Sept. 23, 1996, 110 Stat. 2525.) Editorial Notes AMENDMENTS 1996—Subsec. (e). Pub. L. 104–201 added subsec. (e). § 2103a. Students not eligible for advanced train- ing: commitment to military service (a) AUTHORITY.—A member of the program who has completed successfully the first year of a four-year Senior Reserve Officers’ Training Corps course and who is not eligible for ad- vanced training under section 2104 of this title and is not a cadet or midshipman appointed under section 2107 of this title may— (1) contract with the Secretary of the mili- tary department concerned, or the Secretary’s designated representative, to serve for the pe- riod required by the program; and (2) agree in writing to accept an appoint- ment, if offered, as a commissioned officer in the Army, Navy, Air Force, Marine Corps, or Space Force, as the case may be, and to serve in the armed forces for the period prescribed by the Secretary. (b) ELIGIBILITY REQUIREMENTS.—A member of the program may enter into a contract and agreement under this section (and receive a sub- sistence allowance under section 209(c) of title 37) only if the person— (1) is a citizen of the United States; (2) enlists in an armed force under the juris- diction of the Secretary of the military de- partment concerned for the period prescribed by the Secretary; and (3) executes a certificate of loyalty in such form as the Secretary of Defense prescribes or take a loyalty oath as prescribed by the Sec- retary. (c) PARENTAL CONSENT FOR MINORS.—A mem- ber of the program who is a minor may enter into a contract under subsection (a)(1) only with the consent of the member’s parent or guardian. (Added Pub. L. 108–136, div. A, title V, § 523(b)(1), Nov. 24, 2003, 117 Stat. 1464; amended Pub. L. 108–375, div. A, title V, § 525, Oct. 28, 2004, 118 Stat. 1889; Pub. L. 109–364, div. A, title X, § 1071(a)(10), Oct. 17, 2006, 120 Stat. 2398; Pub. L. 116–283, div. A, title IX, § 924(b)(3)(CC), Jan. 1, 2021, 134 Stat. 3822.)