2008—Subsec. (f). Pub. L. 110–181 added subsec. (f).
2006—Subsec. (d). Pub. L. 109–364, § 540(b), inserted “who are in receipt of retired pay” after “retired officers and noncommissioned officers” in introductory provisions.
Subsec. (e). Pub. L. 109–364, § 540(a), added subsec. (e).
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, § 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, § 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, § 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, § 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, § 1405(32), substituted “October 13, 1964” for “the date of enactment of this section”.
Subsec. (b)(1). Pub. L. 98–525, § 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, § 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
Pub. L. 102–484, div. A, title V, § 533(e)(2), Oct. 23, 1992, 106 Stat. 2412, 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.”
Pub. L. 88–647, § 1, Oct. 13, 1964, 78 Stat. 1063, provided:
“That the Act [enacting this chapter, and chapter 103 of this title,
amending section 802 of former Title 5, sections 1475
, and 9348
of this title, and sections 205
of Title 37
, Pay and Allowances of the Uniformed Services, repealing sections 3355
, and 9381
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
Pub. L. 88–647, title I, § 102, Oct. 13, 1964, 78 Stat. 1064, 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.
Pub. L. 88–647, title IV, § 402, Oct. 13, 1964, 78 Stat. 1074, 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.”
Increase in Number of Units of Junior Reserve Officers’ Training Corps
Pub. L. 110–417, [div. A], title V, § 548, Oct. 14, 2008, 122 Stat. 4466, as amended by Pub. L. 112–239, div. A, title V, § 553, Jan. 2, 2013, 126 Stat. 1742; Pub. L. 114–92, div. A, title X, § 1072(c), Nov. 25, 2015, 129 Stat. 995, provided that:
“(a)Plan for Increase.—
The Secretary of Defense, in consultation with the Secretaries of the military departments, shall develop and implement a plan to establish and support, not later than September 30, 2020, not less than 3,000, and not more than 3,700, units of the Junior Reserve Officers’ Training Corps.
“(b)Exceptions.—The requirement imposed in subsection (a) shall not apply—
if the Secretary fails to receive an adequate number or requests for Junior Reserve Officers’ Training Corps units by public and private secondary educational institutions;
during a time of national emergency when the Secretaries of the military departments determine that funding must be allocated elsewhere; or
if the Secretaries of the military departments determine that the level of support of all kinds (including appropriated funds) provided to youth development programs within the Armed Forces is consistent with funding limitations and the achievement of the objectives of such programs.
The Secretary of Defense, as part of the plan to establish and support additional Junior Reserve Officers’ Training Corps units, shall work with local educational agencies to increase the employment in Junior Reserve Officers’ Training Corps units of retired members of the Armed Forces who are retired under chapter 61 of title 10,
United States Code, especially members who were wounded or injured while deployed in a contingency operation.
“(d)Report on Plan.—Upon completion of the plan, the Secretary of Defense shall provide a report to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] containing, at a minimum, the following:
A description of how the Secretaries of the military departments expect to achieve the number of units of the Junior Reserve Officers’ Training Corps specified in subsection (a), including how many units will be established per year by each service.
The annual funding necessary to support the increase in units, including the personnel costs associated.
The number of qualified private and public schools, if any, who have requested a Junior Reserve Officers’ Training Corps unit that are on a waiting list.
Efforts to improve the increased distribution of units geographically across the United States.
Efforts to increase distribution of units in educationally and economically deprived areas.
Efforts to enhance employment opportunities for qualified former military members retired for disability, especially those wounded while deployed in a contingency operation.”
Expansion of Junior Reserve Officers’ Training Corps Program
Pub. L. 109–364, div. A, title V, § 541, Oct. 17, 2006, 120 Stat. 2212, provided that:
The Secretaries of the military departments shall take appropriate actions to increase the number of secondary educational institutions at which a unit of the Junior Reserve Officers’ Training Corps is organized under chapter 102 of title 10,
United States Code.
“(b)Expansion Targets.—In increasing under subsection (a) the number of secondary educational institutions at which a unit of the Junior Reserve Officers’ Training Corps is organized, the Secretaries of the military departments shall seek to organize units at an additional number of institutions as follows:
In the case of Army units, 15 institutions.
In the case of Navy units, 10 institutions.
In the case of Marine Corps units, 15 institutions.
In the case of Air Force units, 10 institutions.”
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, § 602, Sept. 8, 1980, 94 Stat. 1087, as amended by Pub. L. 97–86, title VII, § 702(a), Dec. 1, 1981, 95 Stat. 1111; Pub. L. 97–252, title VII, § 702, Sept. 8, 1982, 96 Stat. 728; Pub. L. 98–94, title VII, § 702, Sept. 24, 1983, 97 Stat. 634, authorized the Secretary of any military department, during the period beginning on Sept. 1, 1980, and ending on Aug. 31, 1984, to maintain a unit of the Junior Reserve Officers’ Training Corps at any public or private secondary educational institution.