10 U.S.C. § 2167 — National Defense University: admission of

Page 1717 TITLE 10—ARMED FORCES § 2167 hower School for National Security and Resource Strategy’. ‘‘(b) CONFORMING AMENDMENT.—[Amended section 2165(b)(2) of this title.] ‘‘(c) REFERENCES.—Any reference to the Industrial College of the Armed Forces in any law, regulation, map, document, record, or other paper of the United States shall be deemed to be a reference to the Dwight D. Eisenhower School for National Security and Re- source Strategy.’’ Pub. L. 106–398, § 1 [[div. A], title IX, § 913(a), (c)], Oct. 30, 2000, 114 Stat. 1654, 1654A–230, provided that: ‘‘(a) CHANGE IN NAME.—The Armed Forces Staff Col- lege of the Department of Defense is hereby renamed the ‘Joint Forces Staff College’. ‘‘(c) REFERENCES.—Any reference to the Armed Forces Staff College in any law, regulation, map, docu- ment, record, or other paper of the United States shall be considered to be a reference to the Joint Forces Staff College.’’ EFFECTIVE DATE OF 2021 AMENDMENT Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title. EFFECTIVE DATE OF 2001 AMENDMENT Pub. L. 107–107, div. A, title V, § 527(c)(2), Dec. 28, 2001, 115 Stat. 1102, provided that: ‘‘Subsection (d) of section 2165 of title 10, United States Code, as added by para- graph (1), shall become effective beginning with fiscal year 2003.’’ CENTER FOR THE STUDY OF CHINESE MILITARY AFFAIRS Pub. L. 106–65, div. A, title IX, § 914, Oct. 5, 1999, 113 Stat. 721, provided that: ‘‘(a) ESTABLISHMENT.—The Secretary of Defense shall establish a Center for the Study of Chinese Military Af- fairs as part of the National Defense University. The Center shall be organized under the Institute for Na- tional Strategic Studies of the University. ‘‘(b) QUALIFICATIONS OF DIRECTOR.—The Director of the Center shall be an individual who is a distinguished scholar of proven academic, management, and leader- ship credentials with a superior record of achievement and publication regarding Chinese political, strategic, and military affairs. ‘‘(c) MISSION.—The mission of the Center is to study and inform policymakers in the Department of Defense, Congress, and throughout the Government regarding the national goals and strategic posture of the People’s Republic of China and the ability of that nation to de- velop, field, and deploy an effective military instru- ment in support of its national strategic objectives. The Center shall accomplish that mission by a variety of means intended to widely disseminate the research findings of the Center. ‘‘(d) STARTUP OF CENTER.—The Secretary of Defense shall establish the Center for the Study of Chinese Military Affairs not later than March 1, 2000. The first Director of the Center shall be appointed not later than June 1, 2000. The Center should be fully operational not later than June 1, 2001. ‘‘(e) IMPLEMENTATION REPORT.—(1) Not later than January 1, 2001, the President of the National Defense University shall submit to the Secretary of Defense a report setting forth the President’s organizational plan for the Center for the Study of Chinese Military Af- fairs, the proposed budget for the Center, and the time- table for initial and full operations of the Center. The President of the National Defense University shall pre- pare that report in consultation with the Director of the Center and the Director of the Institute for Na- tional Strategic Studies of the University. ‘‘(2) The Secretary of Defense shall transmit the re- port under paragraph (1), together with whatever com- ments the Secretary considers appropriate, to the Com- mittee on Armed Services of the Senate and the Com- mittee on Armed Services of the House of Representa- tives not later than February 1, 2001.’’ [§ 2166. Renumbered § 343] § 2167. National Defense University: admission of private sector civilians to professional mili- tary education program (a) AUTHORITY FOR ADMISSION.—The Secretary of Defense may permit eligible private sector employees who work in organizations relevant to national security to receive instruction at the National Defense University in accordance with this section. No more than the equivalent of 35 full-time student positions may be filled at any one time by private sector employees en- rolled under this section. Upon successful com- pletion of the course of instruction in which en- rolled, any such private sector employee may be awarded an appropriate diploma or degree under section 2165 of this title. (b) ELIGIBLE PRIVATE SECTOR EMPLOYEES.—For purposes of this section, an eligible private sec- tor employee is an individual employed by a pri- vate firm that is engaged in providing to the De- partment of Defense or other Government de- partments or agencies significant and substan- tial defense-related systems, products, or serv- ices or whose work product is relevant to na- tional security policy or strategy. A private sec- tor employee admitted for instruction at the National Defense University remains eligible for such instruction only so long as that person re- mains employed by the same firm. (c) ANNUAL CERTIFICATION BY SECRETARY OF DEFENSE.—Private sector employees may re- ceive instruction at the National Defense Uni- versity during any academic year only if, before the start of that academic year, the Secretary of Defense determines, and certifies to the Com- mittee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives, that providing instruction to private sector employees under this section dur- ing that year will further national security in- terests of the United States. (d) PROGRAM REQUIREMENTS.—The Secretary of Defense shall ensure that— (1) the curriculum for the professional mili- tary education program in which private sec- tor employees may be enrolled under this sec- tion is not readily available through other schools and concentrates on national security relevant issues; and (2) the course offerings at the National De- fense University continue to be determined solely by the needs of the Department of De- fense. (e) TUITION.—The President of the National Defense University shall charge students en- rolled under this section a rate— (1) that is at least the rate charged for em- ployees of the United States outside the De- partment of Defense, less infrastructure costs, and (2) that considers the value to the school and course of the private sector student. (f) STANDARDS OF CONDUCT.—While receiving instruction at the National Defense University, Page 1718 TITLE 10—ARMED FORCES § 2167a students 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 university. (g) USE OF FUNDS.—Amounts received by the National Defense University for instruction of students enrolled under this section shall be re- tained by the university to defray the costs of such instruction. The source, and the disposi- tion, of such funds shall be specifically identi- fied in records of the university. (Added Pub. L. 107–107, div. A, title V, § 528(a)(1), Dec. 28, 2001, 115 Stat. 1102; amended Pub. L. 111–84, div. A, title V, § 526, Oct. 28, 2009, 123 Stat. 2288; Pub. L. 111–383, div. A, title V, § 592, Jan. 7, 2011, 124 Stat. 4232.) Editorial Notes AMENDMENTS 2011—Subsec. (a). Pub. L. 111–383 substituted ‘‘35 full- time student positions’’ for ‘‘20 full-time student posi- tions’’. 2009—Subsec. (a). Pub. L. 111–84 substituted ‘‘20’’ for ‘‘10’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 107–107, div. A, title V, § 528(b), Dec. 28, 2001, 115 Stat. 1103, provided that: ‘‘Section 2167 of title 10, United States Code, as added by subsection (a), shall take effect on January 1, 2002.’’ § 2167a. Defense Cyber Investigations Training Academy: admission of private sector civil- ians to receive instruction (a) AUTHORITY FOR ADMISSION.—The Secretary of Defense may permit eligible private sector employees to receive instruction at the Defense Cyber Investigations Training Academy oper- ating under the direction of the Defense Cyber Crime Center. No more than the equivalent of 200 full-time student positions may be filled at any one time by private sector employees en- rolled under this section, on a yearly basis. Upon successful completion of the course of in- struction in which enrolled, any such private sector employee may be awarded an appropriate certification or diploma. (b) ELIGIBLE PRIVATE SECTOR EMPLOYEES.—For purposes of this section, an eligible private sec- tor employee is an individual employed by a pri- vate firm that is engaged in providing to the De- partment of Defense or other Government de- partments or agencies significant and substan- tial defense-related systems, products, or serv- ices, or whose work product is relevant to na- tional security policy or strategy. A private sec- tor employee remains eligible for such instruc- tion only so long as that person remains em- ployed by an eligible private sector firm. (c) PROGRAM REQUIREMENTS.—The Secretary of Defense shall ensure that— (1) the curriculum in which private sector employees may be enrolled under this section is not readily available through other schools; and (2) the course offerings at the Defense Cyber Investigations Training Academy continue to be determined solely by the needs of the De- partment of Defense. (d) TUITION.—The Secretary of Defense shall charge private sector employees enrolled under this section tuition at a rate that is at least equal to the rate charged for employees of the United States. In determining tuition rates, the Secretary shall include overhead costs of the Defense Cyber Investigations Training Acad- emy. (e) STANDARDS OF CONDUCT.—While receiving instruction at the Defense Cyber Investigations Training Academy, students enrolled under this section, to the extent practicable, are subject to the same regulations governing academic per- formance, attendance, norms of behavior, and enrollment as apply to Government civilian em- ployees receiving instruction at the Academy. (f) USE OF FUNDS.—Amounts received by the Defense Cyber Investigations Training Academy for instruction of students enrolled under this section shall be retained by the Academy to de- fray the costs of such instruction. The source, and the disposition, of such funds shall be spe- cifically identified in records of the Academy. (Added Pub. L. 111–84, div. A, title IX, § 901(a), Oct. 28, 2009, 123 Stat. 2422.) § 2168. Defense Language Institute Foreign Lan- guage Center: degree of Associate or Bach- elor of Arts in foreign language (a) Subject to subsection (b), the Commandant of the Defense Language Institute may confer— (1) an Associate of Arts degree in a foreign language upon any graduate of the Foreign Language Center of the Institute who fulfills the requirements for that degree; or (2) a Bachelor of Arts degree in a foreign lan- guage upon any graduate of the Foreign Lan- guage Center of the Institute who fulfills the requirements for that degree. (b) A degree may be conferred upon a student under this section only if the Provost of the Center certifies to the Commandant that the student has satisfied all the requirements pre- scribed for the degree. (c) The authority provided by subsection (a) shall be exercised under regulations prescribed by the Secretary of Defense. (Added Pub. L. 107–107, div. A, title V, § 531(a), Dec. 28, 2001, 115 Stat. 1104; amended Pub. L. 117–81, div. A, title V, § 556(a), Dec. 27, 2021, 135 Stat. 1739.) Editorial Notes AMENDMENTS 2021—Pub. L. 117–81, § 556(a)(1), substituted ‘‘Associate or Bachelor’’ for ‘‘Associate’’ in section catchline. Subsec. (a). Pub. L. 117–81, § 556(a)(2), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: ‘‘Subject to subsection (b), the Commandant of the Defense Language Institute may confer an Asso- ciate of Arts degree in a foreign language upon any graduate of the Foreign Language Center of the Insti- tute who fulfills the requirements for that degree.’’ § 2169. School of Nursing: establishment (a) ESTABLISHMENT AUTHORIZED.—The Sec- retary of Defense may establish a School of Nursing.