
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 537]
[Document affected by Public Law 107-107 Section 596(c)(2)]
[CITE: 10USC2031]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                    PART III--TRAINING AND EDUCATION
 
          CHAPTER 102--JUNIOR RESERVE OFFICERS' TRAINING CORPS
 
Sec. 2031. Junior Reserve Officers' Training Corps

    (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 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. 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.

(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.)


                               Amendments

    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.'']

                  Section Referred to in Other Sections

    This section is referred to in sections 2032, 2033 of this title.
