10 U.S.C. § 9414 — Degree granting authority for United

Page 3507 TITLE 10—ARMED FORCES § 9414 In subsection (b), the words ‘‘the furnishing of such’’ are omitted as surplusage. The words ‘‘mate´riel, or equipment’’ are omitted as covered by the word ‘‘sup- plies’’, as defined in section 101(26) of this title. In subsection (c), the word ‘‘Government’’ is sub- stituted for the words ‘‘Medical Department’’ to con- form to the first sentence of the revised subsection. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 9305 of this title as this section. 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. § 9406. Service schools: leaves of absence for in- structors The officer in charge of an Air Force or Space Force service school may grant a leave of ab- sence for the period of the suspension of the or- dinary academic studies, without deduction of pay or allowances, to any officer on duty exclu- sively as an instructor at the school. (Aug. 10, 1956, ch. 1041, 70A Stat. 561, § 9306; re- numbered § 9406, Pub. L. 115–232, div. A, title VIII, § 806(a)(3), Aug. 13, 2018, 132 Stat. 1832; Pub. L. 116–283, div. A, title IX, § 923(d)(3), Jan. 1, 2021, 134 Stat. 3814.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 9306 ......... 10:843. Mar. 23, 1910, ch. 115 (pro- viso under ‘‘United States Service Schools’’), 36 Stat. 244. The words ‘‘The provisions of section 1144 of this title, authorizing leaves of absence to certain officers of the Military Academy * * * are hereby extended to include’’ are omitted as surplusage. Editorial Notes PRIOR PROVISIONS Prior sections 9411 to 9413 were renumbered sections 9481 to 9483 of this title, respectively. AMENDMENTS 2021—Pub. L. 116–283 inserted ‘‘or Space Force’’ after ‘‘Air Force’’. 2018—Pub. L. 115–232 renumbered section 9306 of this title as this section. 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. § 9413. United States Air Force Institute of Tech- nology: establishment There is in the Department of the Air Force a United States Air Force Institute of Tech- nology, the purposes of which are to perform re- search and to provide, to members of the Air Force and Space Force (including the reserve components) and civilian employees of such De- partment, advanced instruction and technical education regarding their duties. (Added Pub. L. 117–81, div. A, title V, § 558(a), Dec. 27, 2021, 135 Stat. 1741.) § 9414. Degree granting authority for United States Air Force Institute of Technology (a) AUTHORITY.—Under regulations prescribed by the Secretary of the Air Force, the com- mander of the Air University may, upon the rec- ommendation of the faculty of the United States Air Force Institute of Technology, confer appro- priate degrees upon graduates of the United States Air Force Institute of Technology who meet the degree requirements. (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 United States Air Force Institute of Technology is accredited by the appropriate civilian academic accrediting agency or orga- nization 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 United States Air Force Institute of Technology to award any new or existing degree. (d) CIVILIAN FACULTY.—(1) The Secretary of the Air Force may employ as many civilian fac- ulty members at the United States Air Force In- stitute of Technology as is consistent with the Page 3508 TITLE 10—ARMED FORCES § 9414 needs of the Air Force or the Space Force and with Department of Defense personnel limits. (2) The Secretary shall prescribe regulations determining— (A) titles and duties of civilian members of the faculty; and (B) pay of civilian members of the faculty, notwithstanding chapter 53 of title 5, but sub- ject to the limitation set out in section 5373 of title 5. (e) REIMBURSEMENT AND TUITION.—(1) The De- partment of the Army, the Department of the Navy, and the Department of Homeland Secu- rity shall bear the cost of the instruction at the Air Force Institute of Technology that is re- ceived by members of the armed forces detailed for that instruction by the Secretaries of the Army, Navy, and Homeland Security, respec- tively. (2) Members of the Army, Navy, Marine Corps, and Coast Guard may only be detailed for in- struction at the Institute on a space-available basis. (3) In the case of an enlisted member of the Army, Navy, Marine Corps, and Coast Guard permitted to receive instruction at the Insti- tute, the Secretary of the Air Force shall charge that member only for such costs and fees as the Secretary considers appropriate (taking into consideration the admission of enlisted members on a space-available basis). (4)(A) The Institute shall charge tuition for the cost of providing instruction at the Institute for any civilian employee of a military depart- ment (other than a civilian employee of the De- partment of the Air Force), of another compo- nent of the Department of Defense, or of another Federal agency who receives instruction at the Institute. (B) The cost of any tuition charged an indi- vidual under this paragraph shall be borne by the department, agency, or component sending the individual for instruction at the Institute. (5) Amounts received by the Institute for the instruction of students under this subsection shall be retained by the Institute. Such amounts shall be available to the Institute to cover the costs of such instruction. The source and dis- position of such amounts shall be specifically identified in the records of the Institute. (f) ACCEPTANCE OF RESEARCH GRANTS.—(1) The Secretary of the Air Force may authorize the Director and Chancellor of the United States Air Force Institute of Technology to accept quali- fying research grants. Any such grant may only be accepted if the work under the grant is to be carried out by a professor or instructor of the Institute for a scientific, literary, or edu- cational purpose. (2) A qualifying research grant under this sub- section is a grant that is awarded on a competi- tive basis by an entity referred to in paragraph (3) for a research project with a scientific, lit- erary, or educational purpose. (3) A grant may be accepted under this sub- section only from a corporation, fund, founda- tion, educational institution, or similar entity that is organized and operated primarily for sci- entific, literary, or educational purposes. (4) The Secretary shall establish an account for administering funds received as research grants under this section. The Director and Chancellor of the Institute shall use the funds in the account in accordance with applicable provi- sions of the regulations and the terms and con- dition of the grants received. (5) Subject to such limitations as may be pro- vided in appropriations Acts, appropriations available for the Institute may be used to pay expenses incurred by the Institute in applying for, and otherwise pursuing, the award of quali- fying research grants. (6) The Secretary shall prescribe regulations for the administration of this subsection. (Aug. 10, 1956, ch. 1041, 70A Stat. 561, § 9314; Pub. L. 99–145, title V, § 504(a)(1), (2)(A), Nov. 8, 1985, 99 Stat. 622; Pub. L. 99–661, div. A, title V, § 510, Nov. 14, 1986, 100 Stat. 3868; Pub. L. 101–509, title V, § 529 [title I, § 106(b)(6)(C)], Nov. 5, 1990, 104 Stat. 1427, 1440; Pub. L. 105–261, div. A, title XI, § 1102, Oct. 17, 1998, 112 Stat. 2141; Pub. L. 108–136, div. A, title V, § 533, Nov. 24, 2003, 117 Stat. 1473; Pub. L. 109–163, div. A, title V, § 522(e), Jan. 6, 2006, 119 Stat. 3243; Pub. L. 110–417, [div. A], title V, §§ 543(h)(1), 544, Oct. 14, 2008, 122 Stat. 4463, 4465; renumbered § 9414, Pub. L. 115–232, div. A, title VIII, § 806(a)(3), Aug. 13, 2018, 132 Stat. 1832; Pub. L. 116–92, div. A, title V, § 556(b), Dec. 20, 2019, 133 Stat. 1392; Pub. L. 116–283, div. A, title IX, § 923(d)(4), Jan. 1, 2021, 134 Stat. 3814.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 9314 ......... [Uncodified]. Aug. 31, 1954, ch. 1151, 68 Stat. 1006. Editorial Notes PRIOR PROVISIONS A prior section 9414 was renumbered section 9484 of this title. AMENDMENTS 2021—Subsec. (d)(1). Pub. L. 116–283 inserted ‘‘or the Space Force’’ after ‘‘needs of the Air Force’’. 2019—Subsec. (f). Pub. L. 116–92 substituted ‘‘Director and Chancellor’’ for ‘‘Commandant’’ in pars. (1) and (4). 2018—Pub. L. 115–232 renumbered section 9314 of this title as this section. 2008—Pub. L. 110–417, § 543(h)(1), amended section gen- erally. Prior to amendment, section consisted of sub- secs. (a) to (d) relating to conferral of degrees, civilian faculty, costs of instruction, and research grants at the United States Air Force Institute of Technology. Subsec. (e)(4), (5). Pub. L. 110–417, § 544, added pars. (4) and (5). 2006—Subsec. (d). Pub. L. 109–163 added subsec. (d). 2003—Subsec. (a). Pub. L. 108–136, § 533(b)(1), (c), in- serted heading, designated existing provisions as par. (1), substituted ‘‘The Commander’’ for ‘‘When the United States Air Force Institute of Technology is ac- credited by a nationally recognized accreditation asso- ciation or authority, the Commander’’ and ‘‘the United States Air Force Institute of Technology’’ for ‘‘that In- stitute’’, and added par. (2). Subsec. (b). Pub. L. 108–136, § 533(b)(2), inserted head- ing. Subsec. (c). Pub. L. 108–136, § 533(a), added subsec. (c). 1998—Subsec. (b)(2)(B). Pub. L. 105–261 substituted ‘‘section 5373’’ for ‘‘section 5306(e)’’. 1990—Subsec. (b)(2)(B). Pub. L. 101–509 substituted ‘‘5306(e)’’ for ‘‘5308’’. 1986—Subsec. (b)(2)(B). Pub. L. 99–661 struck out ‘‘rates of basic’’ before ‘‘pay of civilian’’. 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.