1So in original.
2So in original. Two subsecs.
10 U.S.C. § 2031
EDITORIAL NOTES
REFERENCES IN TEXTThe Education Amendments of 1972, referred to in subsecs. (b)(2)(E)(i) and (i)(2)(A), is Pub. L. 92-318, June 23, 1972, 86 Stat. 235. Title IX of the Act, known as the Patsy Takemoto Mink Equal Opportunity in Education Act, is classified principally to chapter 38 (§1681 et seq.) of Title 20, Education. For complete classification of title IX to the Code, see Short Title note set out under section 1681 of Title 20 and Tables.The Civil Rights Act of 1964, referred to in subsec. (b)(2)(E)(i), is Pub. L. 88-352, July 2, 1964, 78 Stat. 241. Title VI of the Act is classified generally to subchapter V (§2000d et seq.) of chapter 21 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 2000a of Title 42 and Tables.Section 1260H(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, referred to in subsec. (g)(4), is section 1260H(a) of Pub. L. 116-283, which is set out as a note under section 113 of this title.
AMENDMENTS2023-Subsec. (a)(1). Pub. L. 118-31, §551(1)(B), which directed substitution of "maintained." for "'maintained, and shall provide' and all that follows through the period at the end", was executed by making the substitution for "maintained and shall provide for the fair and equitable distribution of such units throughout the Nation, except that more than one such unit may be established and maintained at any military institute.", to reflect the probable intent of Congress.Pub. L. 118-31, §551(1)(A), substituted "The Secretary of Defense shall promulgate" for "The President shall promulgate".Subsec. (b). Pub. L. 118-31, §552, designated existing provisions as par. (1), redesignated former pars. (1) to (5) as subpars. (A) to (E), respectively, of par. (1), redesignated subpars. (A) and (B) of former par. (1) as cls. (i) and (ii) respectively, of subpar. (A), in subpar. (E), substituted "as the Secretary of the military department concerned prescribes in the memorandum of understanding required under paragraph (2)." for "as may be established by the Secretary of the military department concerned", and added par. (2). Subsec. (d). Pub. L. 118-31, §553(a)(1), amended subsec. (d) generally. Prior to amendment, subsec. (d) authorized employment of retired officers and noncommissioned officers who are in receipt of retired pay and members of the Fleet Reserve and Fleet Marine Corps Reserve as administrators and instructors.Subsecs. (e), (f). Pub. L. 118-31, §553(a)(2), (3), redesignated subsecs. (g) and (h) as (e) and (f), respectively, and struck out former subsecs. (e) and (f) which authorized employment as administrators and instructors officers or noncommissioned officers who are under 60 years of age and who, but for age, would be eligible for retired pay for non-regular service and officers or noncommissioned officers who receive certain honorable discharges and are in active status.Subsec. (g). Pub. L. 118-31, §554, which directed the addition of subsec. (g) at the end of this section, was executed by adding subsec. (g) after subsec. (f) to reflect the probable intent of Congress and the addition of subsec. (i), relating to number of units of the Junior Reserve Officers' Training Corps required to be established and supported, by section 551(2) of Pub. L. 118-31. Former subsec. (g) redesignated (e).Subsec. (h). Pub. L. 118-31, §555(a), which directed the addition of subsec. (h) at the end of this section, was executed by adding subsec. (h) after subsec. (g) to reflect the probable intent of Congress and the addition of subsec. (i), relating to number of units of the Junior Reserve Officers' Training Corps required to be established and supported, by section 551(2) of Pub. L. 118-31. Former subsec. (h) redesignated (f).Subsec. (i). Pub. L. 118-31, §556, added subsec. (i) relating to annual report on allegations of sexual misconduct, sexual harassment, and sex discrimination in Junior Reserve Officers' Training Corps programs.Pub. L. 118-31, §551(2), added subsec. (i) relating to number of units of the Junior Reserve Officers' Training Corps required to be established and supported. 2022-Subsecs. (f) to (h). Pub. L. 117-263 added subsec. (f) and redesignated former subsecs. (f) and (g) as (g) and (h), respectively.2021-Subsec. (a)(2). Pub. L. 116-283 inserted "(including an introduction to service opportunities in military, national, and public service)" after "service to the United States".2019-Subsec. (b)(1). Pub. L. 116-92, §511, substituted "above the 7th grade and physically co-located with the 9th grade participating unit" for "above the 8th grade" in two places.Subsec. (b)(3). Pub. L. 116-92, §512(a), inserted "and which may include instruction or activities in the fields of science, technology, engineering, and mathematics" after "duration". Subsec. (g). Pub. L. 116-92, §513, added subsec. (g). 2008-Subsec. (f). Pub. L. 110-181 added subsec. (f).2006-Subsec. (d). Pub. L. 109-364, §540(b), inserted "who are in receipt of retired pay" after "retired officers and noncommissioned officers" in introductory provisions. Subsec. (e). Pub. L. 109-364, §540(a), added subsec. (e).2001-Subsec. (a)(1). Pub. L. 107-107 struck out after first sentence "The total number of units which may be established and maintained by all of the military departments under authority of this section, including those units already established on October 13, 1964, may not exceed 3,500."1993-Subsec. (a)(1). Pub. L. 103-160 substituted "The" for "Not more than 200 units may be established by all of the military departments each year, and the" in second sentence.1992-Subsec. (a). Pub. L. 102-484, §533(a), (b), designated existing provisions as par. (1), substituted "3,500" for "1,600", and added par. (2).Subsec. (b)(1). Pub. L. 102-484, §533(c), substituted "in a grade above the 8th grade" for "at least 14 years of age" in two places and inserted ",or aliens lawfully admitted to the United States for permanent residence," after "of the United States".Subsec. (c)(2). Pub. L. 102-484, §533(d), inserted before semicolon "and, to the extent considered appropriate by the Secretary concerned, such additional resources (including transportation and billeting) as may be available to support activities of the program". Subsec. (d)(1). Pub. L. 102-484, §533(e)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: "Retired members so employed are entitled to receive their retired or retainer pay and an additional amount of not more than the difference between their retired pay and the active duty pay and allowances which they would receive if ordered to active duty, and one-half of that additional amount shall be paid to the institution concerned by the Secretary of the military department concerned from funds appropriated for that purpose." 1987-Subsec. (a). Pub. L. 100-26 struck out "beginning with the calendar year 1966" after "each year" in second sentence. 1984-Subsec. (a). Pub. L. 98-525, §1405(32), substituted "October 13, 1964" for "the date of enactment of this section".Subsec. (b)(1). Pub. L. 98-525, §422(1), substituted "the number of physically fit students in such unit who are at least 14 years of age and are citizens or nationals of the United States is not less than (A) 10 percent of the number of students enrolled in the institution who are at least 14 years of age, or (B) 100, whichever is less" for "the unit contains at least 100 physically fit students who are at least 14 years of age and are citizens or nationals of the United States".Subsec. (b)(5). Pub. L. 98-525, §422(2)-(4), added par. (5). 1978-Subsec. (b)(1). Pub. L. 95-358 inserted "or nationals" after "citizens".1976-Subsec. (a). Pub. L. 94-361 increased total number of units authorized to be established to 1,600 from 1,200 and limited the military institutes to establishment and maintenance of only one unit.1973-Subsec. (b)(1). Pub. L. 93-165 substituted "physically fit students" for "physically fit male students".1967-Subsecs. (c), (d). Pub. L. 90-83 substituted "officers and noncommissioned officers" for "noncommissioned and commissioned officers" wherever appearing. 1966-Subsec. (d). Pub. L. 89-718 capitalized first letter of first word in cls. (1) and (2).
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2019 AMENDMENT Pub. L. 116-92, div. A, title V, §512(b), Dec. 20, 2019, 133 Stat. 1348, provided that: "The amendment made by subsection (a) [amending this section] shall take effect 180 days after the date of the enactment of this Act [Dec. 20, 2019]."
EFFECTIVE DATE OF 1992 AMENDMENT Pub. L. 102-484, div. A, title V, §533(e)(2), Oct. 23, 1992, 106 Stat. 2412, provided that: "The amendment made by paragraph (1) [amending this section] shall apply with respect to payments for periods of instructor service performed after September 30, 1992."
SHORT TITLEPub. L. 88-647, §1, Oct. 13, 1964, 78 Stat. 1063, provided: "That the Act [enacting this chapter, and chapter 103 of this title, amending section 802 of former Title 5, sections 1475, 1478, 1481, 3201, 4348, 5404, 5504, 5652b, 6023, 6387, 6959, 8201, and 9348 of this title, and sections 205, 209, 415, 416 and 422 of Title 37, Pay and Allowances of the Uniformed Services, repealing sections 3355, 3540, 4381 to 4387, 6901 to 6906, 6908, 6910, 8355, 8540, and 9381 to 9387 of this title, and enacting provisions set out as notes under this section and section 2107 and former section 9385 of this title, may be cited as the 'Reserve Officers' Training Corps Vitalization Act of 1964'."
ISSUANCE OF REGULATIONSPub. L. 88-647, title I, §102, Oct. 13, 1964, 78 Stat. 1064, directed that regulations implementing subsec. (a) of this section be issued by President and by Secretary of each military department not later than Jan. 1, 1966.
SAVINGS CLAUSEPub. L. 88-647, title IV, §402, Oct. 13, 1964, 78 Stat. 1074, provided that: "If a part of this Act [see Short Title note above] is invalid, all valid parts that are severable from the invalid part remains in effect. If a part of this Act is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications."
TREATMENT OF CURRENT ADMINISTRATORS AND INSTRUCTORSPub. L. 118-31, div. A, title V, §553(b), Dec. 22, 2023, 137 Stat. 271, provided that: "An administrator or instructor employed under section 2031 of title 10, United States Code, on the date of enactment of this section [Dec. 22, 2023] shall not be subject to a reduction in total compensation as a result of such enactment."
INCREASE IN NUMBER OF UNITS OF JUNIOR RESERVE OFFICERS' TRAINING CORPS Pub. L. 110-417, [div. A], title V, §548, Oct. 14, 2008, 122 Stat. 4466, as amended by Pub. L. 112-239, div. A, title V, §553, Jan. 2, 2013, 126 Stat. 1742; Pub. L. 114-92, div. A, title X, §1072(c), Nov. 25, 2015, 129 Stat. 995, provided that: "(a) PLAN FOR INCREASE.-The Secretary of Defense, in consultation with the Secretaries of the military departments, shall develop and implement a plan to establish and support, not later than September 30, 2020, not less than 3,000, and not more than 3,700, units of the Junior Reserve Officers' Training Corps."(b) EXCEPTIONS.-The requirement imposed in subsection (a) shall not apply-"(1) if the Secretary fails to receive an adequate number or requests for Junior Reserve Officers' Training Corps units by public and private secondary educational institutions; "(2) during a time of national emergency when the Secretaries of the military departments determine that funding must be allocated elsewhere; or"(3) if the Secretaries of the military departments determine that the level of support of all kinds (including appropriated funds) provided to youth development programs within the Armed Forces is consistent with funding limitations and the achievement of the objectives of such programs."(c) COOPERATION.-The Secretary of Defense, as part of the plan to establish and support additional Junior Reserve Officers' Training Corps units, shall work with local educational agencies to increase the employment in Junior Reserve Officers' Training Corps units of retired members of the Armed Forces who are retired under chapter 61 of title 10, United States Code, especially members who were wounded or injured while deployed in a contingency operation. "(d) REPORT ON PLAN.-Upon completion of the plan, the Secretary of Defense shall provide a report to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] containing, at a minimum, the following: "(1) A description of how the Secretaries of the military departments expect to achieve the number of units of the Junior Reserve Officers' Training Corps specified in subsection (a), including how many units will be established per year by each service."(2) The annual funding necessary to support the increase in units, including the personnel costs associated. "(3) The number of qualified private and public schools, if any, who have requested a Junior Reserve Officers' Training Corps unit that are on a waiting list."(4) Efforts to improve the increased distribution of units geographically across the United States. "(5) Efforts to increase distribution of units in educationally and economically deprived areas."(6) Efforts to enhance employment opportunities for qualified former military members retired for disability, especially those wounded while deployed in a contingency operation."
EXPANSION OF JUNIOR RESERVE OFFICERS' TRAINING CORPS PROGRAM Pub. L. 109-364, div. A, title V, §541, Oct. 17, 2006, 120 Stat. 2212, provided that: "(a) IN GENERAL.-The Secretaries of the military departments shall take appropriate actions to increase the number of secondary educational institutions at which a unit of the Junior Reserve Officers' Training Corps is organized under chapter 102 of title 10, United States Code. "(b) EXPANSION TARGETS.-In increasing under subsection (a) the number of secondary educational institutions at which a unit of the Junior Reserve Officers' Training Corps is organized, the Secretaries of the military departments shall seek to organize units at an additional number of institutions as follows: "(1) In the case of Army units, 15 institutions. "(2) In the case of Navy units, 10 institutions. "(3) In the case of Marine Corps units, 15 institutions. "(4) In the case of Air Force units, 10 institutions."
REDUCTION IN NUMBER OF STUDENTS REQUIRED TO BE IN JUNIOR RESERVE OFFICERS' TRAINING CORPS UNITS FOR PERIOD OF SEPTEMBER 1, 1980, TO AUGUST 31, 1984Pub. L. 96-342, title VI, §602, Sept. 8, 1980, 94 Stat. 1087, as amended by Pub. L. 97-86, title VII, §702(a), Dec. 1, 1981, 95 Stat. 1111; Pub. L. 97-252, title VII, §702, Sept. 8, 1982, 96 Stat. 728; Pub. L. 98-94, title VII, §702, Sept. 24, 1983, 97 Stat. 634, authorized the Secretary of any military department, during the period beginning on Sept. 1, 1980, and ending on Aug. 31, 1984, to maintain a unit of the Junior Reserve Officers' Training Corps at any public or private secondary educational institution.
- Secretary concerned
- The term "Secretary concerned" means-(A) the Secretary of the Army, with respect to matters concerning the Army;(B) the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Department of the Navy;(C) the Secretary of the Air Force, with respect to matters concerning the Air Force and the Space Force; and(D) the Secretary of Homeland Security, with respect to matters concerning the Coast Guard when it is not operating as a service in the Department of the Navy.
- active duty
- The term "active duty" means full-time duty in the active military service of the United States, including sustained duty in the Space Force. Such term includes full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned. Such term does not include full-time National Guard duty.
- active status
- The term "active status" means the status of a member of a reserve component who is not in the inactive Army National Guard or inactive Air National Guard, on an inactive status list, or in the Retired Reserve.
- armed forces
- The term "armed forces" means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
- congressional defense committees
- The term "congressional defense committees" means-(A) the Committee on Armed Services and the Committee on Appropriations of the Senate; and(B) the Committee on Armed Services and the Committee on Appropriations of the House of Representatives.
- contingency operation
- The term "contingency operation" means a military operation that-(A) is designated by the Secretary of Defense as an operation in which members of the armed forces are or may become involved in military actions, operations, or hostilities against an enemy of the United States or against an opposing military force; or(B) results in the call or order to, or retention on, active duty of members of the uniformed services under section 688, 12301(a), 12302, 12304, 12304a, 12305, or 12406 of this title, chapter 13 of this title, section 3713 of title 14, or any other provision of law during a war or during a national emergency declared by the President or Congress.
- grade
- The term "grade" means a step or degree, in a graduated scale of office or military rank, that is established and designated as a grade by law or regulation.
- military departments
- The term "military departments" means the Department of the Army, the Department of the Navy, and the Department of the Air Force.
- officer
- The term "officer" means a commissioned or warrant officer.
- pay
- The term "pay" includes basic pay, special pay, retainer pay, incentive pay, retired pay, and equivalent pay, but does not include allowances.
- uniformed services
- The term "uniformed services" means-(A) the armed forces;(B) the commissioned corps of the National Oceanic and Atmospheric Administration; and(C) the commissioned corps of the Public Health Service.