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10 USC CHAPTER 102 - JUNIOR RESERVE OFFICERS' TRAINING

CORPS 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART III - TRAINING AND EDUCATION

CHAPTER 102 - JUNIOR RESERVE OFFICERS' TRAINING CORPS

.

-HEAD-

CHAPTER 102 - JUNIOR RESERVE OFFICERS' TRAINING CORPS

-MISC1-

Sec.

2031. Junior Reserve Officers' Training Corps.

2032. Responsibility of the Secretaries of the military departments

to maximize enrollment and enhance efficiency.

(2033. Repealed.)

AMENDMENTS

2001 - Pub. L. 107-107, div. A, title V, Sec. 596(c)(2), Dec.

28, 2001, 115 Stat. 1127, struck out item 2033 ''Contingent funding

increase''.

1999 - Pub. L. 106-65, div. A, title V, Sec. 547(a)(2), Oct. 5,

1999, 113 Stat. 609, added item 2033.

1997 - Pub. L. 105-85, div. A, title V, Sec. 546(b), Nov. 18,

1997, 111 Stat. 1747, added item 2032.

1964 - Pub. L. 88-647, title I, Sec. 101(1), Oct. 13, 1964, 78

Stat. 1063, added item 2031 and chapter heading.

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10 USC Sec. 2031 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART III - TRAINING AND EDUCATION

CHAPTER 102 - JUNIOR RESERVE OFFICERS' TRAINING CORPS

-HEAD-

Sec. 2031. Junior Reserve Officers' Training Corps

-STATUTE-

(a)(1) The Secretary of each military department shall establish

and maintain a Junior Reserve Officers' Training Corps, organized

into units, at public and private secondary educational

institutions which apply for a unit and meet the standards and

criteria prescribed pursuant to this section. The President shall

promulgate regulations prescribing the standards and criteria to be

followed by the military departments in selecting the institutions

at which units are to be established and 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.

(2) It is a purpose of the Junior Reserve Officers' Training

Corps to instill in students in United States secondary educational

institutions the values of citizenship, service to the United

States, and personal responsibility and a sense of accomplishment.

(b) No unit may be established or maintained at an institution

unless -

(1) the number of physically fit students in such unit who are

in a grade above the 8th grade and are citizens or nationals of

the United States, or aliens lawfully admitted to the United

States for permanent residence, is not less than (A) 10 percent

of the number of students enrolled in the institution who are in

a grade above the 8th grade, or (B) 100, whichever is less;

(2) the institution has adequate facilities for classroom

instruction, storage of arms and other equipment which may be

furnished in support of the unit, and adequate drill areas at or

in the immediate vicinity of the institution, as determined by

the Secretary of the military department concerned;

(3) the institution provides a course of military instruction

of not less than three academic years' duration, as prescribed by

the Secretary of the military department concerned;

(4) the institution agrees to limit membership in the unit to

students who maintain acceptable standards of academic

achievement and conduct, as prescribed by the Secretary of the

military department concerned; and

(5) the unit meets such other requirements as may be

established by the Secretary of the military department

concerned.

(c) The Secretary of the military department concerned shall, to

support the Junior Reserve Officers' Training Corps program -

(1) detail officers and noncommissioned officers of an armed

force under his jurisdiction to institutions having units of the

Corps as administrators and instructors;

(2) provide necessary text materials, equipment, and uniforms

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; and

(3) establish minimum acceptable standards for performance and

achievement for qualified units.

(d) Instead of, or in addition to, detailing officers and

noncommissioned officers on active duty under subsection (c)(1),

the Secretary of the military department concerned may authorize

qualified institutions to employ, as administrators and instructors

in the program, retired officers and noncommissioned officers, and

members of the Fleet Reserve and Fleet Marine Corps Reserve, whose

qualifications are approved by the Secretary and the institution

concerned and who request such employment, subject to the

following:

(1) A retired member so employed is entitled to receive the

member's retired or retainer pay without reduction by reason of

any additional amount paid to the member by the institution

concerned. In the case of payment of any such additional amount

by the institution concerned, the Secretary of the military

department concerned shall pay to that institution the amount

equal to one-half of the amount paid to the retired member by the

institution for any period, up to a maximum of one-half of the

difference between the member's retired or retainer pay for that

period and the active duty pay and allowances which the member

would have received for that period if on active duty.

Notwithstanding the limitation in the preceding sentence, the

Secretary concerned may pay to the institution more than one-half

of the additional amount paid to the retired member by the

institution if (as determined by the Secretary) the institution

is in an educationally and economically deprived area and the

Secretary determines that such action is in the national

interest. Payments by the Secretary concerned under this

paragraph shall be made from funds appropriated for that purpose.

(2) Notwithstanding any other provision of law, such a retired

member is not, while so employed, considered to be on active duty

or inactive duty training for any purpose.

-SOURCE-

(Added Pub. L. 88-647, title I, Sec. 101(1), Oct. 13, 1964, 78

Stat. 1063; amended Pub. L. 89-718, Sec. 16, Nov. 2, 1966, 80 Stat.

1117; Pub. L. 90-83, Sec. 3(4), Sept. 11, 1967, 81 Stat. 220; Pub.

L. 93-165, Nov. 29, 1973, 87 Stat. 660; Pub. L. 94-361, title VIII,

Sec. 807, July 14, 1976, 90 Stat. 933; Pub. L. 95-358, Sept. 8,

1978, 92 Stat. 592; Pub. L. 98-525, title IV, Sec. 422, title XIV,

Sec. 1405(32), Oct. 19, 1984, 98 Stat. 2520, 2624; Pub. L. 100-26,

Sec. 7(i)(3), Apr. 21, 1987, 101 Stat. 282; Pub. L. 102-484, div.

A, title V, Sec. 533(a)-(e)(1), Oct. 23, 1992, 106 Stat. 2411,

2412; Pub. L. 103-160, div. A, title XI, Sec. 1182(g)(1), Nov. 30,

1993, 107 Stat. 1774; Pub. L. 107-107, div. A, title V, Sec. 537,

Dec. 28, 2001, 115 Stat. 1107.)

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AMENDMENTS

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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 1405(32), substituted

''October 13, 1964'' for ''the date of enactment of this section''.

Subsec. (b)(1). Pub. L. 98-525, Sec. 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, Sec. 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).

EFFECTIVE DATE OF 1992 AMENDMENT

Section 533(e)(2) of Pub. L. 102-484 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 TITLE

Section 1 of Pub. L. 88-647 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 REGULATIONS

Section 102 of Pub. L. 88-647 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 CLAUSE

Section 402 of Pub. L. 88-647 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.''

REDUCTION IN NUMBER OF STUDENTS REQUIRED TO BE IN JUNIOR RESERVE

OFFICERS' TRAINING CORPS UNITS FOR PERIOD OF SEPTEMBER 1, 1980, TO

AUGUST 31, 1984

Pub. L. 96-342, title VI, Sec. 602, Sept. 8, 1980, 94 Stat. 1087,

as amended by Pub. L. 97-86, title VII, Sec. 702(a), Dec. 1, 1981,

95 Stat. 1111; Pub. L. 97-252, title VII, Sec. 702, Sept. 8, 1982,

96 Stat. 728; Pub. L. 98-94, title VII, Sec. 702, Sept. 24, 1983,

97 Stat. 634, provided that: ''Notwithstanding the provisions of

section 2031(b) of title 10, United States Code, relating to the

establishment and maintenance of units of the Junior Reserve

Officers' Training Corps, during the period beginning on September

1, 1980, and ending on August 31, 1984, the Secretary of any

military department may maintain a unit of the Junior Reserve

Officers' Training Corps at any public or private secondary

educational institution if -

''(1) 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; and

''(2) the unit meets such other requirements (in addition to

the requirements prescribed by section 2031(b) of title 10,

United States Code) as may be established by the Secretary of the

military department concerned.''

(Section 702(b) of Pub. L. 97-86 provided that: ''The amendment

made by subsection (a) (substituting 1982 for 1981 above) shall

take effect as of August 31, 1981.'')

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2032 of this title.

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10 USC Sec. 2032 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART III - TRAINING AND EDUCATION

CHAPTER 102 - JUNIOR RESERVE OFFICERS' TRAINING CORPS

-HEAD-

Sec. 2032. Responsibility of the Secretaries of the military

departments to maximize enrollment and enhance efficiency

-STATUTE-

(a) Coordination. - The Secretary of each military department, in

establishing, maintaining, transferring, and terminating Junior

Reserve Officers' Training Corps units under section 2031 of this

title, shall do so in a coordinated manner that is designed to

maximize enrollment in the Corps and to enhance administrative

efficiency in the management of the Corps.

(b) Consideration of New School Openings and Consolidations. - In

carrying out subsection (a), the Secretary of a military department

shall take into consideration -

(1) openings of new schools;

(2) consolidations of schools; and

(3) the desirability of continuing the opportunity for

participation in the Corps by participants whose continued

participation would otherwise be adversely affected by new school

openings and consolidations of schools.

-SOURCE-

(Added Pub. L. 105-85, div. A, title V, Sec. 546(a), Nov. 18,

1997, 111 Stat. 1746.)

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10 USC Sec. 2033 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART III - TRAINING AND EDUCATION

CHAPTER 102 - JUNIOR RESERVE OFFICERS' TRAINING CORPS

-HEAD-

(Sec. 2033. Repealed. Pub. L. 107-107, div. A, title V, Sec.

596(c)(1), Dec. 28, 2001, 115 Stat. 1127)

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Section, added Pub. L. 106-65, div. A, title V, Sec. 547(a)(1),

Oct. 5, 1999, 113 Stat. 608; amended Pub. L. 106-398, Sec. 1 ((div.

A), title V, Sec. 577(d)), Oct. 30, 2000, 114 Stat. 1654,

1654A-140, provided that certain excess amounts appropriated for

the National Guard Challenge Program were to be made available for

the Junior Reserve Officers' Training Corps program.

EFFECTIVE DATE OF REPEAL

Pub. L. 107-107, div. A, title V, Sec. 596(c)(3), Dec. 28, 2001,

115 Stat. 1127, provided that: ''The amendments made by this

subsection (repealing this section) shall take effect on October 1,

2002.''

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