I

103D CONGRESS

2D SESSION H. R. 4272

To amend title 10, United States Code, to expand the authority of the

United States Naval Postgraduate School to admit civilians as students

and to authorize the United States Air Force Institute of Technology

to admit civilians as students.

IN THE HOUSE OF REPRESENTATIVES

APRIL 20, 1994

Mr. FARR of California (for himself, Mr. HALL of Ohio, and Mr. HOBSON)

introduced the following bill; which was referred to the Committee on

Armed Services

A BILL

To amend title 10, United States Code, to expand the authority of the United States Naval Postgraduate School

to admit civilians as students and to authorize the

United States Air Force Institute of Technology to admit

civilians as students.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. EXPANSION OF AUTHORITY OF UNITED STATES

2 NAVAL POSTGRADUATE SCHOOL TO ADMIT

3 CIVILIAN STUDENTS.

4 (a) ADMISSION ON SPACE-AVAILABLE BASIS.—Sec5 tion 7047 of title 10, United States Code, is amended to

6 read as follows:

7 ‘‘§ 7047. Admission of civilians

8 ‘‘(a) ADMISSION PURSUANT TO RECIPROCAL AGREE9 MENT.—With the approval of the Secretary of the Navy,

10 the Superintendent of the Naval Postgraduate School may

11 enter into an agreement with an accredited institution of

12 higher education (or a consortium of such institutions) to

13 permit a student described in subsection (c) who is en14 rolled at an institution of higher education that is a party

15 to the agreement to receive instruction at the Naval Post16 graduate School on a tuition-free basis. In exchange for

17 the admission of the student under this subsection, the

18 institution of higher education shall be required to permit

19 an officer of the armed forces to attend, on a tuition-free

20 basis, courses offered by that institution corresponding in

21 length to the instruction provided to the student at the

22 Naval Postgraduate School.

23 ‘‘(b) ADMISSION ON SPACE-AVAILABLE BASIS.—

24 With the approval of the Secretary of the Navy, the Super25 intendent may permit a student described in subsection

26 (c) who is enrolled at an institution of higher education
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1 that is a party to an agreement under subsection (a) to

2 receive instruction at the Naval Postgraduate School on

3 a cost-reimbursable, space-available basis. The Super4 intendent may also permit other persons to receive in5 struction at the Naval Postgraduate School on a cost-re6 imbursable, space-available basis if the Superintendent de7 termines that the person would benefit from the instruc8 tion provided at the school.

9 ‘‘(c) ELIGIBLE STUDENTS.—A student enrolled at an

10 institution of higher education may be admitted to the

11 Naval Postgraduate School under subsection (a) or (b)

12 if—

13 ‘‘(1) the student is a citizen of the United

14 States, is lawfully admitted for permanent residence

15 in the United States, or is lawfully admitted to the

16 United States for the purpose of pursuing a course

17 of study at an institution of higher education; and

18 ‘‘(2) the Superintendent determines that the

19 student has an interest in a field of study designated

20 by the Superintendent as related to naval warfare

21 and national security or other activities of the Naval

22 Postgraduate School.

23 ‘‘(d) RETENTION OF FUNDS COLLECTED.—Amounts

24 collected under subsection (b) to reimburse the Naval

25 Postgraduate School for the costs of providing instruction
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1 to students or other persons permitted to attend the Naval

2 Postgraduate School under such subsection shall be cred3 ited as an addition to the appropriation supporting the

4 maintenance and operation of the Naval Postgraduate

5 School.’’.

6 (b) CLERICAL AMENDMENT.—The table of contents

7 at the beginning of chapter 605 of title 10, United States

8 Code, is amended by striking out the item relating to sec9 tion 7047 and inserting in lieu thereof the following new

10 item:

‘‘7047. Admission of civilians.’’.

11 SEC. 2. AUTHORITY OF UNITED STATES AIR FORCE INSTI12 TUTE OF TECHNOLOGY TO ADMIT CIVILIAN

13 STUDENTS.

14 (a) ADMISSION OF CIVILIANS.—Chapter 901 of title

15 10, United States Code, is amended by inserting after sec16 tion 9314 the following new section:

17 ‘‘§ 9314a. United States Air Force Institute of Tech18 nology: admission of civilians

19 ‘‘(a) ADMISSION PURSUANT TO RECIPROCAL AGREE20 MENT.—With the approval of the Secretary of the Air

21 Force through the Commandant of the United States Air

22 Force Institute of Technology (AFIT), the Commandant

23 may enter into agreements with accredited institutions of

24 higher education (or consortia of such institutions) to per25 mit a student described in subsection (c) who is enrolled
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1 at an institution of higher education that is a party to

2 such an agreement to receive instruction at the United

3 States Air Force Institute of Technology on the basis of

4 the agreement.

5 ‘‘(b) ADMISSION ON A FEE-FOR-SERVICE, SPACE6 AVAILABLE BASIS.—With the approval of the Secretary

7 of the Air Force through the AFIT Commandant, the

8 Commandant may permit a student described in sub9 section (c) who is enrolled at an institution of higher edu10 cation that is a party to an agreement under subsection

11 (a) to receive instruction at the United States Air Force

12 Institute of Technology on a fee-for-service, space-avail13 able basis. The Commandant may also permit other per14 sons to receive instruction at the institute on a fee-for15 service, space-available basis if the Commandant deter16 mines that the person or the Federal Government would

17 benefit from the instruction provided at the institute and

18 that comparable instruction is not reasonably and expedi19 tiously available through civilian schools.

20 ‘‘(c) ELIGIBLE STUDENTS.—A student enrolled at an

21 institution of higher education may be admitted to the

22 United States Air Force Institute of Technology under

23 subsection (a) or (b) if—

24 ‘‘(1) the student is a citizen of the United

25 States, is lawfully admitted for permanent residence
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1 in the United States, or is lawfully admitted to the

2 United States for the purpose of pursuing a course

3 of study at an institution of higher education; and

4 ‘‘(2) the Commandant determines that the stu5 dent has an interest in a field of study designated

6 by the Commandant as related to the activities of

7 the institute.

8 ‘‘(d) RETENTION OF FUNDS COLLECTED.—Amounts

9 collected under subsection (b) to reimburse the United

10 States Air Force Institute of Technology for the costs of

11 providing instruction to students or other persons per12 mitted to attend the institute under such subsection shall

13 be credited as an addition to the appropriation supporting

14 the maintenance and operation of the institute.’’.

15 (b) CLERICAL AMENDMENTS.—(1) The heading of

16 section 9314 of title 10, United States Code, is amended

17 to read as follows:

18 ‘‘§ 9314. United States Air Force Institute of Tech19 nology: degrees and civilian faculty’’.

20 (2) The table of sections at the beginning of chapter

21 901 of title 10, United States Code, is amended by strik22 ing out the item relating to section 9314(a) and inserting

23 in lieu thereof the following new items:

‘‘9314. United States Air Force Institute of Technology: degrees and civilian

faculty.

‘‘9314a. United States Air Force Institute of Technology: admission of civilians.’’.
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