-CITE-

10 USC CHAPTER 108 - DEPARTMENT OF DEFENSE SCHOOLS 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART III - TRAINING AND EDUCATION

CHAPTER 108 - DEPARTMENT OF DEFENSE SCHOOLS

.

-HEAD-

CHAPTER 108 - DEPARTMENT OF DEFENSE SCHOOLS

-MISC1-

Sec.

2161. Joint Military Intelligence College: academic degrees.

2162. Preparation of budget requests for operation of professional

military education schools.

2163. National Defense University: masters of science in national

security strategy and in national resource strategy.

2164. Department of Defense domestic dependent elementary and

secondary schools.

2165. National Defense University: component institutions.

2166. Western Hemisphere Institute for Security Cooperation.

2167. National Defense University: admission of private sector

civilians to professional military education program.

2168. Defense Language Institute Foreign Language Center: degree of

Associate of Arts in foreign language.

AMENDMENTS

2001 - Pub. L. 107-107, div. A, title V, Sec. 528(a)(2), 531(b),

Dec. 28, 2001, 115 Stat. 1103, 1104, added items 2167 and 2168.

2000 - Pub. L. 106-398, Sec. 1 ((div. A), title IX, Sec.

911(c)(1)), Oct. 30, 2000, 114 Stat. 1654, 1654A-228, added item

2166.

1997 - Pub. L. 105-107, title V, Sec. 501(b), Nov. 20, 1997, 111

Stat. 2262, substituted ''Joint Military Intelligence College:

academic degrees'' for ''Defense Intelligence School; master of

science of strategic intelligence'' in item 2261.

Pub. L. 105-85, div. A, title IX, Sec. 921(a)(2), Nov. 18, 1997,

111 Stat. 1862, added item 2165.

1994 - Pub. L. 103-337, div. A, title III, Sec. 351(b), Oct. 5,

1994, 108 Stat. 2730, added item 2164.

1993 - Pub. L. 103-160, div. A, title IX, Sec. 922(b), Nov. 30,

1993, 107 Stat. 1731, added item 2163.

1990 - Pub. L. 101-510, div. A, title IX, Sec. 911(b)(1), (2),

Nov. 5, 1990, 104 Stat. 1626, substituted ''DEPARTMENT OF DEFENSE

SCHOOLS'' for ''GRANTING OF ADVANCED DEGREES AT DEPARTMENT OF

DEFENSE SCHOOLS'' as chapter heading and added item 2162.

ASIA-PACIFIC CENTER FOR SECURITY STUDIES: REIMBURSEMENT WAIVER FOR

PERSONNEL OF FOREIGN NATIONS

Pub. L. 107-248, title VIII, Sec. 8073, Oct. 23, 2002, 116 Stat.

1553, provided that: ''During the current fiscal year and

hereafter, the Secretary of Defense may waive reimbursement of the

cost of conferences, seminars, courses of instruction, or similar

educational activities of the Asia-Pacific Center for Security

Studies for military officers and civilian officials of foreign

nations if the Secretary determines that attendance by such

personnel, without reimbursement, is in the national security

interest of the United States: Provided, That costs for which

reimbursement is waived pursuant to this section shall be paid from

appropriations available for the Asia-Pacific Center.''

Similar provisions were contained in the following prior

appropriation acts:

Pub. L. 107-117, div. A, title VIII, Sec. 8081, Jan. 10, 2002,

115 Stat. 2265.

Pub. L. 106-259, title VIII, Sec. 8080, Aug. 9, 2000, 114 Stat.

692.

Pub. L. 106-79, title VIII, Sec. 8085, Oct. 25, 1999, 113 Stat.

1251.

Pub. L. 105-262, title VIII, Sec. 8086, Oct. 17, 1998, 112 Stat.

2318.

Pub. L. 105-56, title VIII, Sec. 8094, Oct. 8, 1997, 111 Stat.

1242.

Pub. L. 104-208, div. A, title I, Sec. 101(b) (title VIII, Sec.

8121), Sept. 30, 1996, 110 Stat. 3009-71, 3009-115.

REGIONAL DEFENSE COUNTER-TERRORISM FELLOWSHIP PROGRAM

Pub. L. 107-117, div. A, title VIII, Sec. 8125, Jan. 10, 2002,

115 Stat. 2275, provided that: ''In addition to amounts provided

elsewhere in this Act (see Tables for classification), $17,900,000

is hereby appropriated for the Secretary of Defense, to remain

available until expended, to establish a Regional Defense

Counter-terrorism Fellowship Program: Provided, That funding

provided herein may be used by the Secretary to fund foreign

military officers to attend U.S. military educational institutions

and selected regional centers for non-lethal training: Provided

further, That United States Regional Commanders in Chief will be

the nominative authority for candidates and schools for attendance

with joint staff review and approval by the Secretary of Defense:

Provided further, That the Secretary of Defense shall establish

rules to govern the administration of this program.''

ATTENDANCE AT PROFESSIONAL MILITARY EDUCATION SCHOOLS BY MILITARY

PERSONNEL OF THE NEW MEMBER NATIONS OF NATO

Pub. L. 106-65, div. A, title XII, Sec. 1223, Oct. 5, 1999, 113

Stat. 787, provided that:

''(a) Finding. - Congress finds that it is in the national

interest of the United States to fully integrate Poland, Hungary,

and the Czech Republic (the new member nations of the North

Atlantic Treaty Organization) into the NATO alliance as quickly as

possible.

''(b) Military Education and Training Programs. - The Secretary

of each military department shall give due consideration to

according a high priority to the attendance of military personnel

of Poland, Hungary, and the Czech Republic at professional military

education schools and training programs in the United States,

including the United States Military Academy, the United States

Naval Academy, the United States Air Force Academy, the National

Defense University, the war colleges of the Armed Forces, the

command and general staff officer courses of the Armed Forces, and

other schools and training programs of the Armed Forces that admit

personnel of foreign armed forces.''

SENSE OF CONGRESS ON GRADE OF HEADS OF SENIOR PROFESSIONAL MILITARY

EDUCATION SCHOOLS

Pub. L. 103-337, div. A, title IX, Sec. 914, Oct. 5, 1994, 108

Stat. 2829, provided that: ''It is the sense of Congress that an

officer serving in a position as the head of one of the senior

professional military education schools of the Department of

Defense (or of the separate military departments) should, while so

serving, hold a grade not less than the grade (or its equivalent)

held by the officer serving in that position on the date of the

enactment of this Act (Oct. 5, 1994).''

MILITARY DEPARTMENT AFFILIATION OF WAR COLLEGE STUDENTS

Pub. L. 104-208, div. A, title I, Sec. 101(b) (title VIII, Sec.

8069), Sept. 30, 1996, 110 Stat. 3009-71, 3009-102, which provided

that, for resident classes entering war colleges after Sept. 30,

1997, Department of Defense was to require that not less than 20

percent of total of United States military students at each war

college was to be from military departments other than hosting

military department and provided that each military department was

to recognize attendance at sister military department war college

as equivalent of attendance at its own war college for promotion

and advancement of personnel, was from the Department of Defense

Appropriations Act, 1997, and was not repeated in subsequent

appropriations acts. Similar provisions were contained in the

following prior appropriation acts:

Pub. L. 104-61, title VIII, Sec. 8084, Dec. 1, 1995, 109 Stat.

667.

Pub. L. 103-335, title VIII, Sec. 8108A, Sept. 30, 1994, 108

Stat. 2646.

AUTHORITY FOR MILITARY SCHOOL FACULTY MEMBERS AND STUDENTS TO

ACCEPT HONORARIA FOR CERTAIN SCHOLARLY AND ACADEMIC ACTIVITIES

Pub. L. 102-484, div. A, title V, Sec. 542, Oct. 23, 1992, 106

Stat. 2413, related to conditions for and exceptions to authority

of Department of Defense school faculty and students to accept

honoraria for appearance, speech, or article published in bona fide

publication, prior to repeal by Pub. L. 107-314, div. A, title VI,

Sec. 653(a), Dec. 2, 2002, 116 Stat. 2581.

(Pub. L. 107-314, div. A, title VI, Sec. 653(b), Dec. 2, 2002,

116 Stat. 2581, provided that: ''The repeal made by subsection (a)

(repealing section 542 of Pub. L. 102-484, formerly set out above)

shall apply with respect to appearances made, speeches presented,

and articles published on or after October 1, 2002.'')

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 1552 of this title.

-CITE-

10 USC Sec. 2161 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART III - TRAINING AND EDUCATION

CHAPTER 108 - DEPARTMENT OF DEFENSE SCHOOLS

-HEAD-

Sec. 2161. Joint Military Intelligence College: academic degrees

-STATUTE-

Under regulations prescribed by the Secretary of Defense, the

president of the Joint Military Intelligence College may, upon

recommendation by the faculty of the college, confer upon a

graduate of the college who has fulfilled the requirements for the

degree the following:

(1) The degree of Master of Science of Strategic Intelligence

(MSSI).

(2) The degree of Bachelor of Science in Intelligence (BSI).

-SOURCE-

(Added Pub. L. 96-450, title IV, Sec. 406(a), Oct. 14, 1980, 94

Stat. 1980; amended Pub. L. 105-107, title V, Sec. 501(a), Nov. 20,

1997, 111 Stat. 2261.)

-MISC1-

AMENDMENTS

1997 - Pub. L. 105-107 substituted ''Joint Military Intelligence

College: academic degrees'' for ''Defense Intelligence School:

master of science of strategic intelligence'' in section catchline

and amended text generally. Prior to amendment, text read as

follows: ''Under regulations prescribed by the Secretary of

Defense, the Commandant of the Defense Intelligence School may,

upon recommendation by the faculty of such school, confer the

degree of master of science of strategic intelligence upon

graduates of the school who have fulfilled the requirements for

that degree.''

-CITE-

10 USC Sec. 2162 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART III - TRAINING AND EDUCATION

CHAPTER 108 - DEPARTMENT OF DEFENSE SCHOOLS

-HEAD-

Sec. 2162. Preparation of budget requests for operation of

professional military education schools

-STATUTE-

(a) Uniform Cost Accounting. - The Secretary of Defense, with the

advice and assistance of the Chairman of the Joint Chiefs of Staff,

shall promulgate a uniform cost accounting system for use by the

Secretaries of the military departments in preparing budget

requests for the operation of professional military education

schools.

(b) Preparation of Budget Requests. - (1) Amounts requested for a

fiscal year for the operation of each professional military

education school shall be set forth as a separate budget request in

the materials submitted by the Secretary of Defense to Congress in

support of the budget request for the Department of Defense.

(2) As executive agent for funding professional development

education at the National Defense University, including the Joint

Forces Staff College, the Secretary of Defense, with the advice of

the Chairman of the Joint Chiefs of Staff, shall prepare the annual

budget for professional development education operations at the

National Defense University and set forth that request as a

separate budget request in the materials submitted to Congress in

support of the budget request for the Department of Defense.

Nothing in the preceding sentence affects policies in effect on

December 28, 2001, with respect to budgeting for the funding of

logistical and base operations support for components of the

National Defense University through the military departments.

(3) The Secretary of a military department preparing a budget

request for a professional military education school shall

carefully consider the views of the Chairman of the Joint Chiefs of

Staff, particularly with respect to the amount of the request for

the operation of the schools of the National Defense University and

the joint professional military education curricula of the other

professional military education schools.

(c) Comparison of Budget Requests. - Materials prepared in

support of the budget request for a professional military education

school shall describe whether the amount requested for that school

is comparable to the amounts requested for other professional

military education schools, taking into consideration the size and

activities of the schools.

(d) Professional Military Education Schools. - This section

applies to each of the following professional military education

schools:

(1) The National Defense University.

(2) The Army War College.

(3) The College of Naval Warfare.

(4) The Air War College.

(5) The United States Army Command and General Staff College.

(6) The College of Naval Command and Staff.

(7) The Air Command and Staff College.

(8) The Marine Corps University.

-SOURCE-

(Added Pub. L. 101-510, div. A, title IX, Sec. 911(a), Nov. 5,

1990, 104 Stat. 1625; amended Pub. L. 105-85, div. A, title IX,

Sec. 921(b), Nov. 18, 1997, 111 Stat. 1862; Pub. L. 107-107, div.

A, title V, Sec. 527(b), Dec. 28, 2001, 115 Stat. 1102; Pub. L.

107-314, div. A, title X, Sec. 1062(a)(7), Dec. 2, 2002, 116 Stat.

2650.)

-MISC1-

AMENDMENTS

2002 - Subsec. (b)(2). Pub. L. 107-314 substituted ''December 28,

2001,'' for ''the date of the enactment of this paragraph''.

2001 - Subsec. (b)(2), (3). Pub. L. 107-107 added par. (2) and

redesignated former par. (2) as (3).

1997 - Subsec. (d). Pub. L. 105-85 amended subsec. (d)

generally. Prior to amendment, subsec. (d) read as follows:

''(d) Definitions. - In this section:

''(1) The term 'professional military education school' means -

''(A) the National Defense University;

''(B) the Army War College;

''(C) the College of Naval Warfare;

''(D) the Air War College;

''(E) the United States Army Command and General Staff

College;

''(F) the College of Naval Command and Staff;

''(G) the Air Command and Staff College; or

''(H) the Marine Corps Command and Staff College.

''(2) The term 'National Defense University' means the National

War College, the Armed Forces Staff College, and the Industrial

College of the Armed Forces.''

EFFECTIVE DATE

Section 911(b)((c)) of Pub. L. 101-510 provided that: ''Section

2162 of title 10, United States Code, as added by subsection (a),

shall apply with respect to fiscal years after fiscal year 1991.''

EXECUTIVE AGENT FOR FUNDING PROFESSIONAL DEVELOPMENT EDUCATION

Pub. L. 107-107, div. A, title V, Sec. 527(a), Dec. 28, 2001,

115 Stat. 1101, provided that:

''(1) Effective beginning with fiscal year 2003, the Secretary of

Defense shall be the executive agent for funding professional

development education operations of all components of the National

Defense University, including the Joint Forces Staff College. The

Secretary may not delegate the Secretary's functions and

responsibilities under the preceding sentence to the Secretary of a

military department.

''(2) Nothing in this subsection affects policies in effect on

the date of the enactment of this Act (Dec. 28, 2001) with respect

to -

''(A) the reporting of the President of the National Defense

University to the Chairman of the Joint Chiefs of Staff; or

''(B) provision of logistical and base operations support for

components of the National Defense University by the military

departments.''

-CITE-

10 USC Sec. 2163 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART III - TRAINING AND EDUCATION

CHAPTER 108 - DEPARTMENT OF DEFENSE SCHOOLS

-HEAD-

Sec. 2163. National Defense University: masters of science in

national security strategy and in national resource strategy

-STATUTE-

(a) National War College Degree. - The President of the National

Defense University, upon the recommendation of the faculty and

commandant of the National War College, may confer the degree of

master of science of national security strategy upon graduates of

the National War College who fulfill the requirements for the

degree.

(b) ICAF Degree. - The President of the National Defense

University, upon the recommendation of the faculty and commandant

of the Industrial College of the Armed Forces, may confer the

degree of master of science of national resource strategy upon

graduates of the Industrial College of the Armed Forces who fulfill

the requirements for the degree.

(c) Regulations. - The authority provided by subsections (a) and

(b) shall be exercised under regulations prescribed by the

Secretary of Defense.

-SOURCE-

(Added Pub. L. 103-160, div. A, title IX, Sec. 922(a), Nov. 30,

1993, 107 Stat. 1730.)

-CITE-

10 USC Sec. 2164 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART III - TRAINING AND EDUCATION

CHAPTER 108 - DEPARTMENT OF DEFENSE SCHOOLS

-HEAD-

Sec. 2164. Department of Defense domestic dependent elementary and

secondary schools

-STATUTE-

(a) Authority of Secretary. - (1) If the Secretary of Defense

makes a determination that appropriate educational programs are not

available through a local educational agency for dependents of

members of the armed forces and dependents of civilian employees of

the Federal Government residing on a military installation in the

United States (including territories, commonwealths, and

possessions of the United States), the Secretary may enter into

arrangements to provide for the elementary or secondary education

of the dependents of such members of the armed forces and, to the

extent authorized in subsection (c), the dependents of such

civilian employees.

(2) The Secretary may, at the discretion of the Secretary, permit

dependents of members of the armed forces and, to the extent

provided in subsection (c), dependents of civilian employees of the

Federal Government residing in a territory, commonwealth, or

possession of the United States but not on a military installation,

to enroll in an educational program provided by the Secretary

pursuant to this subsection. If a member of the armed forces is

assigned to a remote location or is assigned to an unaccompanied

tour of duty, a dependent of the member who resides, on or off a

military installation, in a territory, commonwealth, or possession

of the United States, as authorized by the member's orders, may be

enrolled in an educational program provided by the Secretary under

this subsection.

(b) Factors for Secretary To Consider. - (1) Factors to be

considered by the Secretary of Defense in making a determination

under subsection (a) shall include the following:

(A) The extent to which such dependents are eligible for free

public education in the local area adjacent to the military

installation.

(B) The extent to which the local educational agency is able to

provide an appropriate educational program for such dependents.

(2) For purposes of paragraph (1)(B), an appropriate educational

program is a program that, as determined by the Secretary, is

comparable to a program of free public education provided for

children by the following local educational agencies:

(A) In the case of a military installation located in a State

(other than an installation referred to in subparagraph (B)),

local educational agencies in the State that are similar to the

local educational agency referred to in paragraph (1)(B).

(B) In the case of a military installation with boundaries

contiguous to two or more States, local educational agencies in

the contiguous States that are similar to the local educational

agency referred to in paragraph (1)(B).

(C) In the case of a military installation located in a

territory, commonwealth, or possession, the District of Columbia

public schools, except that an educational program determined

comparable under this subparagraph may be considered appropriate

for the purposes of paragraph (1)(B) only if the program is

conducted in the English language.

(c) Eligibility of Dependents of Federal Employees. - (1)(A) A

dependent of a Federal employee residing in permanent living

quarters on a military installation at any time during the school

year may enroll in an educational program provided by the Secretary

of Defense pursuant to subsection (a) for dependents residing on

such installation.

(B) A dependent of a United States Customs Service employee who

resides in Puerto Rico, but not on a military installation, may

enroll in an educational program provided by the Secretary pursuant

to subsection (a) in Puerto Rico in accordance with the same rules

as apply to a dependent of a Federal employee residing in permanent

living quarters on a military installation.

(2)(A) Except as provided in subparagraphs (B) and (C), a

dependent of a Federal employee who is enrolled in an educational

program provided by the Secretary pursuant to subsection (a) and

who is not residing on a military installation may be enrolled in

the program for not more than five consecutive school years.

(B) At the discretion of the Secretary, a dependent referred to

in subparagraph (A) may be enrolled in the program for more than

five consecutive school years if the dependent is otherwise

qualified for enrollment, space is available in the program, and

the Secretary will be reimbursed for the educational services

provided. Any such extension shall cover only one school year at a

time.

(C) Subparagraph (A) shall not apply to an individual who is a

dependent of a Federal employee in the excepted service (as defined

in section 2103 of title 5) and who is enrolled in an educational

program provided by the Secretary pursuant to subsection (a) in

Puerto Rico, Wake Island, Guam, American Samoa, the Northern

Mariana Islands, or the Virgin Islands.

(D) Subparagraph (A) shall not apply to a dependent covered by

paragraph (1)(B). No requirement under this paragraph for

reimbursement for educational services provided for the dependent

shall apply with respect to the dependent, except that the

Secretary may require the United States Customs Service to

reimburse the Secretary for the cost of the educational services

provided for the dependent.

(d) School Boards. - (1) The Secretary of Defense shall provide

for the establishment of a school board for Department of Defense

elementary and secondary schools established at each military

installation under this section. The Secretary may provide for the

establishment of one school board for all such schools in the

Commonwealth of Puerto Rico and one school board for all such

schools in Guam instead of one school board for each military

installation in those locations.

(2) The school board shall be composed of the number of members,

not fewer than three, prescribed by the Secretary.

(3) The parents of the students attending the school shall elect

the school board in accordance with procedures which the Secretary

shall prescribe.

(4)(A) A school board elected for a school under this subsection

may participate in the development and oversight of fiscal,

personnel, and educational policies, procedures, and programs for

the school, except that the Secretary may issue any directive that

the Secretary considers necessary for the effective operation of

the school or the entire school system.

(B) A directive referred to in subparagraph (A) shall, to the

maximum extent practicable, be issued only after the Secretary

consults with the appropriate school boards elected under this

subsection. The Secretary shall establish a process by which a

school board or school administrative officials may formally appeal

the directive to the Secretary of Defense.

(5) Meetings conducted by the school board shall be open to the

public, except as provided in paragraph (6).

(6) A school board need not comply with the provisions of the

Federal Advisory Committee Act (5 U.S.C. App.), but may close

meetings in accordance with such Act.

(7) The Secretary may provide for reimbursement of a school board

member for expenses incurred by the member for travel,

transportation, lodging, meals, program fees, activity fees, and

other appropriate expenses that the Secretary determines are

reasonable and necessary for the performance of school board duties

by the member.

(e) Administration and Staff. - (1) The Secretary of Defense may

enter into such arrangements as may be necessary to provide

educational programs at the school.

(2) The Secretary may, without regard to the provisions of any

other law relating to the number, classification, or compensation

of employees -

(A) establish positions for civilian employees in schools

established under this section;

(B) appoint individuals to such positions; and

(C) fix the compensation of such individuals for service in

such positions.

(3)(A) Except as provided in subparagraph (B), in fixing the

compensation of employees appointed for a school pursuant to

paragraph (2), the Secretary shall consider -

(i) the compensation of comparable employees of the local

educational agency in the capital of the State where the military

installation is located;

(ii) the compensation of comparable employees in the local

educational agency that provides public education to students who

reside adjacent to the military installation; and

(iii) the average compensation for similar positions in not

more than three other local educational agencies in the State in

which the military installation is located.

(B) In fixing the compensation of employees in schools

established in the territories, commonwealths, and possessions

pursuant to the authority of this section, the Secretary shall

determine the level of compensation required to attract qualified

employees. For employees in such schools, the Secretary, without

regard to the provisions of title 5, may provide for the tenure,

leave, hours of work, and other incidents of employment to be

similar to that provided for comparable positions in the public

schools of the District of Columbia. For purposes of the first

sentence, a school established before the effective date of this

section pursuant to authority similar to the authority in this

section shall be considered to have been established pursuant to

the authority of this section.

(4)(A) The Secretary may, without regard to the provisions of any

law relating to the number, classification, or compensation of

employees -

(i) transfer employees from schools established under this

section to schools in the defense dependents' education system in

order to provide the services referred to in subparagraph (B) to

such system; and

(ii) transfer employees from such system to schools established

under this section in order to provide such services to those

schools.

(B) The services referred to in subparagraph (A) are the

following:

(i) Administrative services.

(ii) Logistical services.

(iii) Personnel services.

(iv) Such other services as the Secretary considers

appropriate.

(C) Transfers under this paragraph shall extend for such periods

as the Secretary considers appropriate. The Secretary shall

provide appropriate compensation for employees so transferred.

(D) The Secretary may provide that the transfer of an employee

under this paragraph occur without reimbursement of the school or

system concerned.

(E) In this paragraph, the term ''defense dependents' education

system'' means the program established and operated under section

1402(a) of the Defense Dependents' Education Act of 1978 (20 U.S.C.

921(a)).

(f) Substantive and Procedural Rights and Protections for

Children. - (1) The Secretary shall provide the following

substantive rights, protections, and procedural safeguards

(including due process procedures) in the educational programs

provided for under this section:

(A) In the case of children with disabilities aged 3 to 5,

inclusive, all substantive rights, protections, and procedural

safeguards (including due process procedures) available to

children with disabilities aged 3 to 5, inclusive, under part B

of the Individuals with Disabilities Education Act (20 U.S.C.

1411 et seq.).

(B) In the case of infants and toddlers with disabilities, all

substantive rights, protections, and procedural safeguards

(including due process procedures) available to infants and

toddlers with disabilities under part H (FOOTNOTE 1) of such Act

(20 U.S.C. 1471 et seq.).

(FOOTNOTE 1) See References in Text note below.

(C) In the case of all other children with disabilities, all

substantive rights, protections, and procedural safeguards

(including due process procedures) available to children with

disabilities who are 3 to 5 years old under part B of such Act.

(2) Paragraph (1) may not be construed as diminishing for

children with disabilities enrolled in day educational programs

provided for under this section the extent of substantive rights,

protections, and procedural safeguards that were available under

section 6(a) of Public Law 81-874 (20 U.S.C. 241(a)) to children

with disabilities as of October 7, 1991.

(3) In this subsection:

(A) The term ''children with disabilities'' has the meaning

given the term in section 602(a)(1) (FOOTNOTE 1) of the

Individuals with Disabilities Education Act (20 U.S.C.

1401(a)(1)).

(B) The term ''children with disabilities aged 3 to 5,

inclusive'' means such term as used in such Act (20 U.S.C. 1400

et seq.).

(C) The term ''infants and toddlers with disabilities'' has the

meaning given the term in section 672(1) (FOOTNOTE 1) of such Act

(20 U.S.C. 1472(1)).

(g) Reimbursement. - When the Secretary of Defense provides

educational services under this section to an individual who is a

dependent of an employee of a Federal agency outside the Department

of Defense, the head of the other Federal agency shall, upon

request of the Secretary of Defense, reimburse the Secretary for

those services at rates routinely prescribed by the Secretary for

those services. Any payments received by the Secretary under this

subsection shall be credited to the account designated by the

Secretary for the operation of educational programs under this

section.

(h) Continuation of Enrollment Despite Change in Status. - (1)

The Secretary of Defense shall permit a dependent of a member of

the armed forces or a dependent of a Federal employee to continue

enrollment in an educational program provided by the Secretary

pursuant to subsection (a) for the remainder of a school year

notwithstanding a change during such school year in the status of

the member or Federal employee that, except for this paragraph,

would otherwise terminate the eligibility of the dependent to be

enrolled in the program.

(2) The Secretary may, for good cause, authorize a dependent of a

member of the armed forces or a dependent of a Federal employee to

continue enrollment in an educational program provided by the

Secretary pursuant to subsection (a) notwithstanding a change in

the status of the member or employee that, except for this

paragraph, would otherwise terminate the eligibility of the

dependent to be enrolled in the program. The enrollment may

continue for as long as the Secretary considers appropriate.

(3) Paragraphs (1) and (2) do not limit the authority of the

Secretary to remove a dependent from enrollment in an educational

program provided by the Secretary pursuant to subsection (a) at any

time for good cause determined by the Secretary.

(i) American Red Cross Employee Dependents in Puerto Rico. - (1)

The Secretary may authorize the dependent of an American Red Cross

employee described in paragraph (2) to enroll in an education

program provided by the Secretary pursuant to subsection (a) in

Puerto Rico if the American Red Cross agrees to reimburse the

Secretary for the educational services so provided.

(2) An employee referred to in paragraph (1) is an American Red

Cross employee who -

(A) resides in Puerto Rico; and

(B) performs, on a full-time basis, emergency services on

behalf of members of the armed forces.

(3) In determining the dependency status of any person for the

purposes of paragraph (1), the Secretary shall apply the same

definitions as apply to the determination of such status with

respect to Federal employees in the administration of this section.

(4) Subsection (g) shall apply with respect to determining the

reimbursement rates for educational services provided pursuant to

this subsection. Amounts received as reimbursement for such

educational services shall be treated in the same manner as amounts

received under subsection (g).

-SOURCE-

(Added Pub. L. 103-337, div. A, title III, Sec. 351(a), Oct. 5,

1994, 108 Stat. 2727; amended Pub. L. 104-106, div. A, title X,

Sec. 1075, Feb. 10, 1996, 110 Stat. 450; Pub. L. 104-201, div. A,

title XVI, Sec. 1608, Sept. 23, 1996, 110 Stat. 2737; Pub. L.

105-261, div. A, title III, Sec. 371(a)-(c)(2), Oct. 17, 1998, 112

Stat. 1988, 1989; Pub. L. 106-65, div. A, title III, Sec. 352,

353, Oct. 5, 1999, 113 Stat. 572; Pub. L. 106-398, Sec. 1 ((div.

A), title III, Sec. 361), Oct. 30, 2000, 114 Stat. 1654, 1654A-76.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Advisory Committee Act, referred to in subsec.

(d)(6), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended,

which is set out in the Appendix to Title 5, Government

Organization and Employees.

The effective date of this section, referred to in subsec.

(e)(3)(B), is the date of enactment of Pub. L. 103-337 which was

approved Oct. 5, 1994.

The Individuals with Disabilities Education Act, referred to in

subsec. (f)(1), (3)(B), is title VI of Pub. L. 91-230, Apr. 13,

1970, 84 Stat. 175, as amended, which is classified generally to

chapter 33 (Sec. 1400 et seq.) of Title 20, Education. Part B of

the Act is classified generally to subchapter II (Sec. 1411 et

seq.) of chapter 33 of Title 20. Section 602 of the Act was

classified to section 1401 of Title 20, and was omitted in the

general amendment of subchapter I of chapter 33 of Title 20 by Pub.

L. 105-17, title I, Sec. 101, June 4, 1997, 111 Stat. 37. Pub. L.

105-17 enacted a new section 602, which is classified to section

1401 of Title 20, and contains provisions defining ''child with a

disability'' and ''infant or toddler with a disability''. Part H

of the Act was classified generally to subchapter VIII (Sec. 1471

et seq.) of chapter 33 of Title 20 prior to repeal by Pub. L.

105-17, title II, Sec. 203(b), June 4, 1997, 111 Stat. 157, eff.

July 1, 1998. Section 672 of the Act was classified to section 1472

of Title 20 prior to repeal by Pub. L. 105-17, title II, Sec.

203(b), June 4, 1997, 111 Stat. 157. Pub. L. 105-17 enacted a new

section 672, which is classified to section 1472 of Title 20, and

which no longer contains definitions. For complete classification

of this Act to the Code, see section 1400 of Title 20 and Tables.

Section 6(a) of Public Law 81-874 (20 U.S.C. 241(a)), referred to

in subsec. (f)(2), was repealed by Pub. L. 103-382, title III, Sec.

331(b), Oct. 20, 1994, 108 Stat. 3965.

-MISC2-

AMENDMENTS

2000 - Subsec. (i). Pub. L. 106-398 added subsec. (i).

1999 - Subsec. (c)(3). Pub. L. 106-65, Sec. 353(1), struck out

par. (3) which read as follows: ''A dependent of a Federal employee

may continue enrollment in a program under this subsection for the

remainder of a school year notwithstanding a change during such

school year in the status of the Federal employee that, except for

this paragraph, would otherwise terminate the eligibility of the

dependent to be enrolled in the program. The preceding sentence

does not limit the authority of the Secretary to remove the

dependent from enrollment in the program at any time for good cause

determined by the Secretary.''

Subsec. (d)(1). Pub. L. 106-65, Sec. 352, inserted at end ''The

Secretary may provide for the establishment of one school board for

all such schools in the Commonwealth of Puerto Rico and one school

board for all such schools in Guam instead of one school board for

each military installation in those locations.''

Subsec. (h). Pub. L. 106-65, Sec. 353(2), added subsec. (h).

1998 - Subsec. (a). Pub. L. 105-261, Sec. 371(a)(1), (2),

designated first sentence as par. (1) and second sentence as par.

(2).

Subsec. (a)(2). Pub. L. 105-261, Sec. 371(a)(3), inserted at end

''If a member of the armed forces is assigned to a remote location

or is assigned to an unaccompanied tour of duty, a dependent of the

member who resides, on or off a military installation, in a

territory, commonwealth, or possession of the United States, as

authorized by the member's orders, may be enrolled in an

educational program provided by the Secretary under this

subsection.''

Subsec. (c)(1). Pub. L. 105-261, Sec. 371(c)(1), designated

existing provisions as subpar. (A) and added subpar. (B).

Subsec. (c)(2)(B). Pub. L. 105-261, Sec. 371(b), added subpar.

(B) and struck out former subpar. (B) which read as follows: ''A

dependent referred to in subparagraph (A) may be enrolled in the

program for more than five consecutive school years if the

Secretary determines that, in the interest of the dependent's

educational well-being, there is good cause to extend the

enrollment for more than the five-year period described in such

subparagraph. Any such extension may be made for only one school

year at a time.''

Subsec. (c)(2)(D). Pub. L. 105-261, Sec. 371(c)(2), added subpar.

(D).

1996 - Subsec. (d)(7). Pub. L. 104-201 added par. (7).

Subsec. (e)(4). Pub. L. 104-106 added par. (4).

EFFECTIVE DATE OF 1998 AMENDMENT

Pub. L. 105-261, div. A, title III, Sec. 371(c)(3), Oct. 17,

1998, 112 Stat. 1989, provided that: ''The amendments made by this

subsection (amending this section) shall apply with respect to

academic years beginning on or after the date of the enactment of

this Act (Oct. 17, 1998).''

SAVINGS PROVISION

Section 351(c) of Pub. L. 103-337 provided that: ''Nothing in

section 2164 of title 10, United States Code, as added by

subsection (a), shall be construed as affecting the rights in

existence on the date of the enactment of this Act (Oct. 5, 1994)

of an employee of any school established under such section (or any

other provision of law enacted before the date of the enactment of

this Act that established a similar school) to negotiate or bargain

collectively with the Secretary with respect to wages, hours, and

other terms and conditions of employment.''

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

relating thereto, to the Secretary of Homeland Security, and for

treatment of related references, see sections 203(1), 551(d),

552(d), and 557 of Title 6, Domestic Security, and the Department

of Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2605 of this title.

-CITE-

10 USC Sec. 2165 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART III - TRAINING AND EDUCATION

CHAPTER 108 - DEPARTMENT OF DEFENSE SCHOOLS

-HEAD-

Sec. 2165. National Defense University: component institutions

-STATUTE-

(a) In General. - There is a National Defense University in the

Department of Defense.

(b) Component Institutions. - The National Defense University

consists of the following institutions:

(1) The National War College.

(2) The Industrial College of the Armed Forces.

(3) The Joint Forces Staff College.

(4) The Institute for National Strategic Studies.

(5) The Information Resources Management College.

(6) The Center for Hemispheric Defense Studies.

(7) Any other educational institution of the Department of

Defense that the Secretary considers appropriate and designates

as an institution of the university.

(c) Source of Funds for Center for Hemispheric Defense Studies. -

Funds available for the payment of personnel expenses under the

Latin American cooperation authority set forth in section 1050 of

this title are also available for the costs of the operation of the

Center for Hemispheric Defense Studies.

(d) Source of Funds for Professional Development Education

Operations. - Funding for the professional development education

operations of the National Defense University shall be provided

from funds made available to the Secretary of Defense from the

annual appropriation ''Operation and Maintenance, Defense-wide''.

-SOURCE-

(Added and amended Pub. L. 105-85, div. A, title IX, Sec.

921(a)(1), 922(a), Nov. 18, 1997, 111 Stat. 1862, 1863; Pub. L.

105-261, div. A, title IX, Sec. 904, 905(a), Oct. 17, 1998, 112

Stat. 2093; Pub. L. 106-398, Sec. 1 ((div. A), title IX, Sec.

913(b)), Oct. 30, 2000, 114 Stat. 1654, 1654A-230; Pub. L. 107-107,

div. A, title V, Sec. 527(c)(1), Dec. 28, 2001, 115 Stat. 1102.)

-MISC1-

AMENDMENTS

2001 - Subsec. (d). Pub. L. 107-107 added subsec. (d).

2000 - Subsec. (b)(3). Pub. L. 106-398 substituted ''Joint Forces

Staff College'' for ''Armed Forces Staff College''.

1998 - Subsec. (b)(7). Pub. L. 105-261, Sec. 904, added par. (7).

Subsec. (c). Pub. L. 105-261, Sec. 905(a), added subsec. (c).

1997 - Subsec. (b)(6). Pub. L. 105-85, Sec. 922(a), added par.

(6).

-CHANGE-

CHANGE OF NAME

Pub. L. 106-398, Sec. 1 ((div. A), title IX, Sec. 913(a), (c)),

Oct. 30, 2000, 114 Stat. 1654, 1654A-230, provided that:

''(a) Change in Name. - The Armed Forces Staff College 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, document, record, or other

paper of the United States shall be considered to be a reference to

the Joint Forces Staff College.''

-MISC4-

EFFECTIVE DATE OF 2001 AMENDMENT

Pub. L. 107-107, div. A, title V, Sec. 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 paragraph (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, Sec. 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 Affairs as part of the

National Defense University. The Center shall be organized under

the Institute for National 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 leadership 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

develop, field, and deploy an effective military instrument 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 Affairs, the proposed budget for the Center, and the

timetable for initial and full operations of the Center. The

President of the National Defense University shall prepare that

report in consultation with the Director of the Center and the

Director of the Institute for National Strategic Studies of the

University.

''(2) The Secretary of Defense shall transmit the report under

paragraph (1), together with whatever comments the Secretary

considers appropriate, to the Committee on Armed Services of the

Senate and the Committee on Armed Services of the House of

Representatives not later than February 1, 2001.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2167, 2612 of this title.

-CITE-

10 USC Sec. 2166 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART III - TRAINING AND EDUCATION

CHAPTER 108 - DEPARTMENT OF DEFENSE SCHOOLS

-HEAD-

Sec. 2166. Western Hemisphere Institute for Security Cooperation

-STATUTE-

(a) Establishment and Administration. - (1) The Secretary of

Defense may operate an education and training facility for the

purpose set forth in subsection (b). The facility shall be known as

the ''Western Hemisphere Institute for Security Cooperation''.

(2) The Secretary may designate the Secretary of a military

department as the Department of Defense executive agent for

carrying out the responsibilities of the Secretary of Defense under

this section.

(b) Purpose. - The purpose of the Institute is to provide

professional education and training to eligible personnel of

nations of the Western Hemisphere within the context of the

democratic principles set forth in the Charter of the Organization

of American States (such charter being a treaty to which the United

States is a party), while fostering mutual knowledge, transparency,

confidence, and cooperation among the participating nations and

promoting democratic values, respect for human rights, and

knowledge and understanding of United States customs and

traditions.

(c) Eligible Personnel. - (1) Subject to paragraph (2), personnel

of nations of the Western Hemisphere are eligible for education and

training at the Institute as follows:

(A) Military personnel.

(B) Law enforcement personnel.

(C) Civilian personnel.

(2) The Secretary of State shall be consulted in the selection of

foreign personnel for education or training at the Institute.

(d) Curriculum. - (1) The curriculum of the Institute shall

include mandatory instruction for each student, for at least 8

hours, on human rights, the rule of law, due process, civilian

control of the military, and the role of the military in a

democratic society.

(2) The curriculum may include instruction and other educational

and training activities on the following:

(A) Leadership development.

(B) Counterdrug operations.

(C) Peace support operations.

(D) Disaster relief.

(E) Any other matter that the Secretary determines appropriate.

(e) Board of Visitors. - (1) There shall be a Board of Visitors

for the Institute. The Board shall be composed of the following:

(A) The chairman and ranking minority member of the Committee

on Armed Services of the Senate, or a designee of either of them.

(B) The chairman and ranking minority member of the Committee

on Armed Services of the House of Representatives, or a designee

of either of them.

(C) Six persons designated by the Secretary of Defense

including, to the extent practicable, persons from academia and

the religious and human rights communities.

(D) One person designated by the Secretary of State.

(E) The senior military officer responsible for training and

doctrine for the Army or, if the Secretary of the Navy or the

Secretary of the Air Force is designated as the executive agent

of the Secretary of Defense under subsection (a)(2), the senior

military officer responsible for training and doctrine for the

Navy or Marine Corps or for the Air Force, respectively, or a

designee of the senior military officer concerned.

(F) The commander of the unified combatant command having

geographic responsibility for Latin America, or a designee of

that officer.

(2) A vacancy in a position on the Board shall be filled in the

same manner as the position was originally filled.

(3) The Board shall meet at least once each year.

(4)(A) The Board shall inquire into the curriculum, instruction,

physical equipment, fiscal affairs, and academic methods of the

Institute, other matters relating to the Institute that the Board

decides to consider, and any other matter that the Secretary of

Defense determines appropriate.

(B) The Board shall review the curriculum of the Institute to

determine whether -

(i) the curriculum complies with applicable United States laws

and regulations;

(ii) the curriculum is consistent with United States policy

goals toward Latin America and the Caribbean;

(iii) the curriculum adheres to current United States doctrine;

and

(iv) the instruction under the curriculum appropriately

emphasizes the matters specified in subsection (d)(1).

(5) Not later than 60 days after its annual meeting, the Board

shall submit to the Secretary of Defense a written report of its

activities and of its views and recommendations pertaining to the

Institute.

(6) Members of the Board shall not be compensated by reason of

service on the Board.

(7) With the approval of the Secretary of Defense, the Board may

accept and use the services of voluntary and uncompensated advisers

appropriate to the duties of the Board without regard to section

1342 of title 31.

(8) Members of the Board and advisers whose services are accepted

under paragraph (7) shall be allowed travel and transportation

expenses, including per diem in lieu of subsistence, while away

from their homes or regular places of business in the performance

of services for the Board. Allowances under this paragraph shall be

computed -

(A) in the case of members of the Board who are officers or

employees of the United States, at rates authorized for employees

of agencies under subchapter I of chapter 57 of title 5; and

(B) in the case of other members of the Board and advisers, as

authorized under section 5703 of title 5 for employees serving

without pay.

(9) The Federal Advisory Committee Act (5 U.S.C. App.), other

than section 14 (relating to termination after two years), shall

apply to the Board.

(f) Authority To Accept Foreign Gifts and Donations. - (1) The

Secretary of Defense may, on behalf of the Institute, accept

foreign gifts or donations in order to defray the costs of, or

enhance the operation of, the Institute.

(2) Funds received by the Secretary under paragraph (1) shall be

credited to appropriations available for the Department of Defense

for the Institute. Funds so credited shall be merged with the

appropriations to which credited and shall be available for the

Institute for the same purposes and same period as the

appropriations with which merged.

(3) The Secretary of Defense shall notify Congress if the total

amount of money accepted under paragraph (1) exceeds $1,000,000 in

any fiscal year. Any such notice shall list each of the

contributors of such money and the amount of each contribution in

such fiscal year.

(4) For the purposes of this subsection, a foreign gift or

donation is a gift or donation of funds, materials (including

research materials), property, or services (including lecture

services and faculty services) from a foreign government, a

foundation or other charitable organization in a foreign country,

or an individual in a foreign country.

(g) Fixed Costs. - The fixed costs of operating and maintaining

the Institute for a fiscal year may be paid from -

(1) any funds available for that fiscal year for operation and

maintenance for the executive agent designated under subsection

(a)(2); or

(2) if no executive agent is designated under subsection

(a)(2), any funds available for that fiscal year for the

Department of Defense for operation and maintenance for

Defense-wide activities.

(h) Tuition. - Tuition fees charged for persons who attend the

Institute may not include the fixed costs of operating and

maintaining the Institute.

(i) Annual Report. - Not later than March 15 of each year, the

Secretary of Defense shall submit to Congress a detailed report on

the activities of the Institute during the preceding year. The

report shall include a copy of the latest report of the Board of

Visitors received by the Secretary under subsection (e)(5),

together with any comments of the Secretary on the Board's report.

The report shall be prepared in consultation with the Secretary of

State.

-SOURCE-

(Added Pub. L. 106-398, Sec. 1 ((div. A), title IX, Sec. 911(a)),

Oct. 30, 2000, 114 Stat. 1654, 1654A-226; amended Pub. L. 107-107,

div. A, title X, Sec. 1048(a)(16), Dec. 28, 2001, 115 Stat. 1223;

Pub. L. 107-314, div. A, title IX, Sec. 932, Dec. 2, 2002, 116

Stat. 2625.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Advisory Committee Act, referred to in subsec.

(e)(9), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended,

which is set out in the Appendix to Title 5, Government

Organization and Employees.

-MISC2-

AMENDMENTS

2002 - Subsecs. (f) to (h). Pub. L. 107-314, Sec. 932(a), added

subsec. (f) and redesignated former subsecs. (f) and (g) as (g) and

(h), respectively.

Subsec. (i). Pub. L. 107-314, Sec. 932(a)(1), (b), redesignated

subsec. (h) as (i) and inserted after first sentence ''The report

shall include a copy of the latest report of the Board of Visitors

received by the Secretary under subsection (e)(5), together with

any comments of the Secretary on the Board's report.''

2001 - Subsec. (e)(9). Pub. L. 107-107 substituted ''(5 U.S.C.

App.)'' for ''(5 U.S.C. App. 2)''.

-CITE-

10 USC Sec. 2167 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART III - TRAINING AND EDUCATION

CHAPTER 108 - DEPARTMENT OF DEFENSE SCHOOLS

-HEAD-

Sec. 2167. National Defense University: admission of private sector

civilians to professional military education program

-STATUTE-

(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 10 full-time student positions may be

filled at any one time by private sector employees enrolled under

this section. Upon successful completion of the course of

instruction in which enrolled, 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 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 admitted for

instruction at the National Defense University remains eligible for

such instruction only so long as that person remains employed by

the same firm.

(c) Annual Certification by Secretary of Defense. - Private

sector employees may receive instruction at the National Defense

University during any academic year only if, before the start of

that academic year, the Secretary of Defense determines, and

certifies to the Committee 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 during that year will further national security interests

of the United States.

(d) Program Requirements. - The Secretary of Defense shall ensure

that -

(1) the curriculum for the professional military education

program in which private sector employees may be enrolled under

this section is not readily available through other schools and

concentrates on national security relevant issues; and

(2) the course offerings at the National Defense University

continue to be determined solely by the needs of the Department

of Defense.

(e) Tuition. - The President of the National Defense University

shall charge students enrolled under this section a rate -

(1) that is at least the rate charged for employees of the

United States outside the Department 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, 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 university.

(g) Use of Funds. - Amounts received by the National Defense

University for instruction of students enrolled under this section

shall be retained by the university to defray the costs of such

instruction. The source, and the disposition, of such funds shall

be specifically identified in records of the university.

-SOURCE-

(Added Pub. L. 107-107, div. A, title V, Sec. 528(a)(1), Dec. 28,

2001, 115 Stat. 1102.)

-MISC1-

EFFECTIVE DATE

Pub. L. 107-107, div. A, title V, Sec. 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.''

-CITE-

10 USC Sec. 2168 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART III - TRAINING AND EDUCATION

CHAPTER 108 - DEPARTMENT OF DEFENSE SCHOOLS

-HEAD-

Sec. 2168. Defense Language Institute Foreign Language Center:

degree of Associate of Arts in foreign language

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 107-107, div. A, title V, Sec. 531(a), Dec. 28,

2001, 115 Stat. 1104.)

-CITE-