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10 U.S.C. § 2142 (ARMED FORCES)
§ 2142. Educational assistance program: eligibility
(a)
(1) A program of educational assistance established under this chapter shall provide that any person enlisting or reenlisting in an armed force under the jurisdiction of the Secretary of the military department concerned who meets the eligibility requirements established by the Secretary in accordance with subsection (b) shall, subject to paragraph (3), become entitled to educational assistance under section 2143 of this title at the time of such enlistment.
(2) The period of educational assistance to which such a person becomes entitled is one standard academic year (or the equivalent) for each year of the enlistment of such person, up to a maximum of four years. However, if the person is discharged or otherwise released from active duty after completing two years of the term of such enlistment but before completing the full term of such enlistment (or before completing four years of such term, in the case of an enlistment of more than four years), then the period of educational assistance to which the person is entitled is one standard academic year (or the equivalent) for each year of active service of such person during such term. For the purposes of the preceding sentence, a portion of a year of active service shall be rounded to the nearest month and shall be prorated to a standard academic year.
(3)
(A) A member who is discharged or otherwise released from active duty before completing two years of active service of an enlistment which is the basis for entitlement to educational assistance under this chapter or who is discharged or otherwise released from active duty under other than honorable conditions is not entitled to educational assistance under this chapter.
(B) Entitlement to educational assistance under this chapter may not be used until a member has completed two years of active service of the enlistment which is the basis for entitlement to such educational assistance.
(b) In establishing requirements for eligibility for an educational assistance program under this chapter, the Secretary concerned shall limit eligibility to persons who—
(1) enlist or reenlist for service on active duty as a member of the Army, Navy, Air Force, or Marine Corps after September 30, 1980, and before October 1, 1981;
(2) are graduates from a secondary school; and
(3) meet such other requirements as the Secretary may consider appropriate for the purposes of this chapter and the needs of the armed forces.
(Added Pub. L. 96–342, title IX, § 901(a), Sept. 8, 1980, 94 Stat. 1111.)
10 U.S.C. § 2143 (ARMED FORCES)
§ 2143. Educational assistance: amount
(a) Subject to subsection (b), an educational assistance program established under section 2141 of this title shall provide for payment by the Secretary concerned of educational expenses incurred for instruction at an accredited institution by a person entitled to such assistance under this chapter. Expenses for which payment may be made under this section include tuition, fees, books, laboratory fees, and shop fees for consumable materials used as part of classroom or laboratory instruction. Payments under this section shall be limited to those educational expenses normally incurred by students at the institution involved.
(b)
(1) The Secretary concerned shall establish the amount of educational assistance for a standard academic year (or the equivalent) to which a person becomes entitled under this chapter at the time of an enlistment described in section 2142 of this title. Depending on the needs of the service, different amounts may be established for different categories of persons or enlistments. The amount of educational assistance to which any person is entitled shall be adjusted in accordance with section 2145 of this title.
(2) The amount of educational assistance which may be provided to any person for a standard academic year (or the equivalent) may not exceed $1,200, adjusted in accordance with section 2145 of this title.
(c) In this section, the term “accredited institution” means a civilian college or university or a trade, technical, or vocational school in the United States (including the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands) that provides education at the postsecondary level and that is accredited by a nationally recognized accrediting agency or association or by an accrediting agency or association recognized by the Secretary of Education.
(Added Pub. L. 96–342, title IX, § 901(a), Sept. 8, 1980, 94 Stat. 1112; amended Pub. L. 100–180, div. A, title XII, § 1231(18)(A), Dec. 4, 1987, 101 Stat. 1161.)
heading: Amendments
text: 1987—Subsec. (c). Pub. L. 100–180 inserted “the term” after “In this section,”.
10 U.S.C. § 2144 (ARMED FORCES)
§ 2144. Subsistence allowance
(a) Subject to subsection (b), a person entitled to educational assistance under this chapter is entitled to receive a monthly subsistence allowance during any period for which educational assistance is provided such person. The amount of a subsistence allowance under this section is $300 per month, adjusted in accordance with section 2145 of this title, in the case of a person pursuing a course of instruction on a full-time basis and is one-half of such amount (as so adjusted) in the case of a person pursuing a course of instruction on less than a full-time basis.
(b) The number of months for which a subsistence allowance may be provided to any person under this section is computed on the basis of nine months for each standard academic year of educational assistance to which such person is entitled.
(c) For purposes of subsection (a), a person shall be considered to be pursuing a course of instruction on a full-time basis if the person is enrolled in twelve or more semester hours of instruction (or the equivalent, as determined by Secretary concerned).
(Added Pub. L. 96–342, title IX, § 901(a), Sept. 8, 1980, 94 Stat. 1112.)
10 U.S.C. § 2145 (ARMED FORCES)
§ 2145. Adjustments of amount of educational assistance and of subsistence allowance
(a) Once each year, the Secretary of Defense shall adjust the amount of educational assistance which may be provided to any person in any standard academic year under section 2143 of this title, and the amount of the subsistence allowance authorized under section 2144 of this title for pursuit of a course of instruction on a full-time basis, in a manner consistent with the change over the preceding twelve-month period in the average actual cost of attendance at public institutions of higher education.
(b) In this section, the term “actual cost of attendance” has the meaning given the term “cost of attendance” by section 472 of the Higher Education Act of 1965 (20 U.S.C. 1087ll).
(Added Pub. L. 96–342, title IX, § 901(a), Sept. 8, 1980, 94 Stat. 1113; amended Pub. L. 100–180, div. A, title XII, § 1231(18)(A), Dec. 4, 1987, 101 Stat. 1161; Pub. L. 103–35, title II, § 201(c)(2), May 31, 1993, 107 Stat. 98.)
heading: Amendments
text: 1993—Subsec. (b). Pub. L. 103–35 substituted “has the meaning given the term ‘cost of attendance’ by section 472 of the Higher Education Act of 1965 (20 U.S.C. 1087ll)” for “means the actual cost of attendance as determined by the Secretary of Education pursuant to section 411(a)(2)(B)(iv) of the Higher Education Act of 1965 (20 U.S.C. 1070a(a)(2)(B)(iv))”.
1987—Subsec. (b). Pub. L. 100–180 inserted “the term” after “In this section,”.
10 U.S.C. § 2146 (ARMED FORCES)
§ 2146. Right of member upon subsequent reenlistment to lump-sum payment in lieu of educational assistance
(a) A member who is entitled to educational assistance under this chapter and who reenlists at the end of the enlistment which established such entitlement may, at the time of such reenlistment, elect to receive a lump-sum payment computed under subsection (b) in lieu of receiving such educational assistance. An election to receive such a lump-sum payment is irrevocable.
(b) The amount of a lump-sum payment under subsection (a) is 60 percent of the sum of—
(1) the product of (A) the rate for educational assistance under section 2143(b) of this title applicable to such member which is in effect at the time of such reenlistment, and (B) the number of standard academic years of entitlement of such member to such assistance; and
(2) the product of (A) the rate for the subsistence allowance authorized under section 2144 of this title for pursuit of a course of instruction on a full-time basis at the time of such reenlistment, and (B) the number of months of entitlement of such member to such allowance.
(Added Pub. L. 96–342, title IX, § 901(a), Sept. 8, 1980, 94 Stat. 1113.)
10 U.S.C. § 2148 (ARMED FORCES)
§ 2148. Duration of entitlement
The entitlement of any person to educational assistance under this chapter expires at the end of the ten-year period beginning on the date of the retirement or discharge or other separation from active duty of the person upon whose service such entitlement is based. In the case of a member entitled to educational assistance under this chapter who dies while on active duty and whose entitlement is transferred to a spouse or dependent child, such entitlement expires at the end of the ten-year period beginning on the date of such member’s death.
(Added Pub. L. 96–342, title IX, § 901(a), Sept. 8, 1980, 94 Stat. 1114.)
10 U.S.C. § 2149 (ARMED FORCES)
§ 2149. Applications for educational assistance
To receive educational assistance benefits under this chapter, a person entitled to such assistance under section 2142 or 2147 of this title shall submit an application for such assistance to the Secretary concerned in such form and manner as the Secretary concerned may prescribe.
(Added Pub. L. 96–342, title IX, § 901(a), Sept. 8, 1980, 94 Stat. 1114.)
10 U.S.C. § 2151 (ARMED FORCES)
§ 2151. Definitions
(a) Joint Professional Military Education.—
Joint professional military education consists of the rigorous and thorough instruction and examination of officers of the armed forces in an environment designed to promote a theoretical and practical in-depth understanding of joint matters and, specifically, of the subject matter covered. The subject matter to be covered by joint professional military education shall include at least the following:
(1) National Military Strategy.
(2) Joint planning at all levels of war.
(3) Joint doctrine.
(4) Joint command and control.
(5) Joint force and joint requirements development.
(6) Operational contract support.
(b) Other Definitions.—
In this chapter:
(1) The term “senior level service school” means any of the following:
(A) The Army War College.
(B) The College of Naval Warfare.
(C) The Air War College.
(D) The Marine Corps War College.
(2) The term “intermediate level service school” means any of the following:
(A) The United States Army Command and General Staff College.
(B) The College of Naval Command and Staff.
(C) The Air Command and Staff College.
(D) The Marine Corps Command and Staff College.
(3) The term “joint intermediate level school” includes the National Defense Intelligence College.
(Added Pub. L. 108–375, div. A, title V, § 532(a)(2), Oct. 28, 2004, 118 Stat. 1897; amended Pub. L. 112–81, div. A, title V, § 552(a)(2), Dec. 31, 2011, 125 Stat. 1412; Pub. L. 112–239, div. A, title VIII, § 845(c), Jan. 2, 2013, 126 Stat. 1848.)
heading: Amendments
text: 2013—Subsec. (a)(6). Pub. L. 112–239 added par. (6).
2011—Subsec. (b)(3). Pub. L. 112–81 added par. (3).
heading: Change of Name
text: National Defense Intelligence College changed to National Intelligence University by Department of Defense Instruction 3305.01 on Feb. 9, 2011.
10 U.S.C. § 2152 (ARMED FORCES)
§ 2152. Joint professional military education: general requirements
(a) In General.—
The Secretary of Defense shall implement a comprehensive framework for the joint professional military education of officers, including officers nominated under section 661 of this title for the joint specialty.
(b) Joint Military Education Schools.—
The Secretary of Defense, with the advice and assistance of the Chairman of the Joint Chiefs of Staff, shall periodically review and revise the curriculum of each school of the National Defense University (and of any other joint professional military education school) to enhance the education and training of officers in joint matters. The Secretary shall require such schools to maintain rigorous standards for the military education of officers with the joint specialty.
(c) Other Professional Military Education Schools.—
The Secretary of Defense shall require that each Department of Defense school concerned with professional military education periodically review and revise its curriculum for senior and intermediate grade officers in order to strengthen the focus on—
(1) joint matters; and
(2) preparing officers for joint duty assignments.
(Added and amended Pub. L. 108–375, div. A, title V, § 532(a)(2), (b), Oct. 28, 2004, 118 Stat. 1897, 1900.)
heading: Codification
text: Subsecs. (b) and (c) of section 663 of this title, which were transferred to this section by Pub. L. 108–375, § 532(b), were based on Pub. L. 99–433, title IV, § 401(a), Oct. 1, 1986, 100 Stat. 1027.
heading: Amendments
text: 2004—Subsecs. (b), (c). Pub. L. 108–375, § 532(b), transferred subsecs. (b) and (c) of section 663 of this title to end of this section. See Codification note above.
10 U.S.C. § 2153 (ARMED FORCES)
§ 2153. Capstone course: newly selected general and flag officers
(a) Requirement.—
Each officer selected for promotion to the grade of brigadier general or, in the case of the Navy, rear admiral (lower half) shall be required, after such selection, to attend a military education course designed specifically to prepare new general and flag officers to work with the other armed forces.
(b) Waiver Authority.—
(1) Subject to paragraph (2), the Secretary of Defense may waive subsection (a)—
(A) in the case of an officer whose immediately previous assignment was in a joint duty assignment and who is thoroughly familiar with joint matters;
(B) when necessary for the good of the service;
(C) in the case of an officer whose proposed selection for promotion is based primarily upon scientific and technical qualifications for which joint requirements do not exist (as determined under regulations prescribed under section 619(e)(4) 1 of this title); and
(D) in the case of a medical officer, dental officer, veterinary officer, medical service officer, nurse, biomedical science officer, or chaplain.
(2) The authority of the Secretary of Defense to grant a waiver under paragraph (1) may only be delegated to the Deputy Secretary of Defense, an Under Secretary of Defense, or an Assistant Secretary of Defense. Such a waiver may be granted only on a case-by-case basis in the case of an individual officer.
(Added Pub. L. 108–375, div. A, title V, § 532(a)(2), Oct. 28, 2004, 118 Stat. 1897.)
heading: References in Text
text: Section 619(e)(4) of this title, referred to in subsec. (b)(1)(C), was repealed by Pub. L. 103–160, div. A, title IX, § 931(b), Nov. 30, 1993, 107 Stat. 1734. See section 619a(f) of this title.
10 U.S.C. § 2154 (ARMED FORCES)
§ 2154. Joint professional military education: three-phase approach
(a) Three-Phase Approach.—
The Secretary of Defense shall implement a three-phase approach to joint professional military education, as follows:
(1) There shall be a course of instruction, designated and certified by the Secretary of Defense with the advice and assistance of the Chairman of the Joint Chiefs of Staff as Phase I instruction, consisting of all the elements of a joint professional military education (as specified in section 2151(a) of this title), in addition to the principal curriculum taught to all officers at an intermediate level service school or at a joint intermediate level school.
(2) There shall be a course of instruction, designated and certified by the Secretary of Defense with the advice and assistance of the Chairman of the Joint Chiefs of Staff as Phase II instruction, consisting of a joint professional military education curriculum taught in residence at—
(A) the Joint Forces Staff College; or
(B) a senior level service school that has been designated and certified by the Secretary of Defense as a joint professional military education institution.
(3) There shall be a course of instruction, designated and certified by the Secretary of Defense with the advice and assistance of the Chairman of the Joint Chiefs of Staff as the Capstone course, for officers selected for promotion to the grade of brigadier general or, in the case of the Navy, rear admiral (lower half) and offered in accordance with section 2153 of this title.
(b) Sequenced Approach.—
The Secretary shall require the sequencing of joint professional military education so that the standard sequence of assignments for such education requires an officer to complete Phase I instruction before proceeding to Phase II instruction, as provided in section 2155(a) of this title.
(Added Pub. L. 108–375, div. A, title V, § 532(a)(2), Oct. 28, 2004, 118 Stat. 1898; amended Pub. L. 112–81, div. A, title V, § 552(a)(1), Dec. 31, 2011, 125 Stat. 1412.)
heading: Amendments
text: 2011—Subsec. (a)(1). Pub. L. 112–81 inserted “or at a joint intermediate level school” before period at end.
10 U.S.C. § 2156 (ARMED FORCES)
§ 2156. Joint Forces Staff College: duration of principal course of instruction
(a) Duration.—
The duration of the principal course of instruction offered at the Joint Forces Staff College may not be less than 10 weeks of resident instruction.
(b) Definition.—
In this section, the term “principal course of instruction” means any course of instruction offered at the Joint Forces Staff College as Phase II joint professional military education.
(Added Pub. L. 108–375, div. A, title V, § 532(a)(2), Oct. 28, 2004, 118 Stat. 1900.)
10 U.S.C. § 2157 (ARMED FORCES)
§ 2157. Annual report to Congress
The Secretary of Defense shall include in the annual report of the Secretary to Congress under section 113(c) of this title, for the period covered by the report, the following information (which shall be shown for the Department of Defense as a whole and separately for the Army, Navy, Air Force, and Marine Corps and each reserve component):
(1) The number of officers who successfully completed a joint professional military education Phase II course and were not selected for promotion.
(2) The number of officer students and faculty members assigned by each service to the professional military schools of the other services and to the joint schools.
(Added Pub. L. 108–375, div. A, title V, § 532(a)(2), Oct. 28, 2004, 118 Stat. 1900; amended Pub. L. 109–364, div. A, title X, § 1071(a)(15), Oct. 17, 2006, 120 Stat. 2399.)
heading: Amendments
text: 2006—Par. (1). Pub. L. 109–364 substituted “Phase” for “phase”.
10 U.S.C. § 2167a (ARMED FORCES)
§ 2167a. Defense Cyber Investigations Training Academy: admission of private sector civilians 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 operating 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 enrolled under this section, on a yearly basis. Upon successful completion of the course of instruction 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 sector employee is an individual employed by a private firm that is engaged in providing to the Department of Defense or other Government departments or agencies significant and substantial defense-related systems, products, or services, or whose work product is relevant to national security policy or strategy. A private sector employee remains eligible for such instruction only so long as that person remains employed 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 Department 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 Academy.
(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 performance, attendance, norms of behavior, and enrollment as apply to Government civilian employees 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 defray the costs of such instruction. The source, and the disposition, of such funds shall be specifically identified in records of the Academy.
(Added Pub. L. 111–84, div. A, title IX, § 901(a), Oct. 28, 2009, 123 Stat. 2422.)
10 U.S.C. § 2168 (ARMED FORCES)
§ 2168. Defense Language Institute Foreign Language Center: degree of Associate of Arts in foreign language
(a) Subject to subsection (b), the Commandant of the Defense Language Institute may confer 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.
(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 prescribed 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.)
10 U.S.C. § 2169 (ARMED FORCES)
§ 2169. School of Nursing: establishment
(a) Establishment Authorized.—
The Secretary of Defense may establish a School of Nursing.
(b) Degree Granting Authority.—
The School of Nursing may include a program that awards a bachelor of science in nursing.
(c) Phased Development.—
The Secretary of Defense may develop the School of Nursing in phases as determined appropriate by the Secretary.
(Added Pub. L. 111–84, div. A, title V, § 525(a)(2), Oct. 28, 2009, 123 Stat. 2286.)
10 U.S.C. § 2181 (ARMED FORCES)
§ 2181. Definitions
In this chapter:
(1) The terms “captive status” and “former captive” have the meanings given those terms in section 559 of title 37.
(2) The term “dependent” has the meaning given that term in section 551 of that title.
(Added Pub. L. 99–399, title VIII, § 806(d)(1), Aug. 27, 1986, 100 Stat. 887, and Pub. L. 100–26, § 7(k)(6), Apr. 21, 1987, 101 Stat. 284.)
heading: Amendments
text: 1987—Pub. L. 100–26, substituted “The terms ‘captive’ ” for “ ‘Captive’ ” in par. (1) and “The term ‘dependent’ ” for “ ‘Dependent’ ” in par. (2).
heading: Effective Date
text: Pub. L. 99–399, title VIII, § 806(d)(3), Aug. 27, 1986, 100 Stat. 888, provided that: “Chapter 110 of title 10, United States Code, as added by paragraph (1), shall apply with respect to persons whose captive status begins after January 21, 1981.”