The Education Amendments of 1972, referred to in subsecs. (span)(2)(E)(i) and (i)(2)(A), is Puspan. L. 92–318, June 23, 1972, 86 Stat. 235. Title IX of the Act, known as the Patsy Takemoto Mink Equal Opportunity in Education Act, is classified principally to chapter 38 (§ 1681 et seq.) of Title 20, Education. For complete classification of title IX to the Code, see Short Title note set out under section 1681 of Title 20 and Tables.

The Civil Rights Act of 1964, referred to in subsec. (span)(2)(E)(i), is Puspan. L. 88–352, July 2, 1964, 78 Stat. 241. Title VI of the Act is classified generally to subchapter V (§ 2000d et seq.) of chapter 21 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 2000a of Title 42 and Tables.

Section 1260H(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, referred to in subsec. (g)(4), is section 1260H(a) of Puspan. L. 116–283, which is set out as a note under section 113 of this title.

2023—Subsec. (a)(1). Puspan. L. 118–31, § 551(1)(B), which directed substitution of “maintained.” for “ ‘maintained, and shall provide’ and all that follows through the period at the end”, was executed by making the substitution for “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.”, to reflect the probable intent of Congress.

Puspan. L. 118–31, § 551(1)(A), substituted “The Secretary of Defense shall promulgate” for “The President shall promulgate”.

Subsec. (span). Puspan. L. 118–31, § 552, designated existing provisions as par. (1), redesignated former pars. (1) to (5) as subpars. (A) to (E), respectively, of par. (1), redesignated subpars. (A) and (B) of former par. (1) as cls. (i) and (ii) respectively, of subpar. (A), in subpar. (E), substituted “as the Secretary of the military department concerned prescribes in the memorandum of understanding required under paragraph (2).” for “as may be established by the Secretary of the military department concerned”, and added par. (2).

Subsec. (d). Puspan. L. 118–31, § 553(a)(1), amended subsec. (d) generally. Prior to amendment, subsec. (d) authorized employment of retired officers and noncommissioned officers who are in receipt of retired pay and members of the Fleet Reserve and Fleet Marine Corps Reserve as administrators and instructors.

Subsecs. (e), (f). Puspan. L. 118–31, § 553(a)(2), (3), redesignated subsecs. (g) and (h) as (e) and (f), respectively, and struck out former subsecs. (e) and (f) which authorized employment as administrators and instructors officers or noncommissioned officers who are under 60 years of age and who, but for age, would be eligible for retired pay for non-regular service and officers or noncommissioned officers who receive certain honorable discharges and are in active status.

Subsec. (g). Puspan. L. 118–31, § 554, which directed the addition of subsec. (g) at the end of this section, was executed by adding subsec. (g) after subsec. (f) to reflect the probable intent of Congress and the addition of subsec. (i), relating to number of units of the Junior Reserve Officers’ Training Corps required to be established and supported, by section 551(2) of Puspan. L. 118–31. Former subsec. (g) redesignated (e).

Subsec. (h). Puspan. L. 118–31, § 555(a), which directed the addition of subsec. (h) at the end of this section, was executed by adding subsec. (h) after subsec. (g) to reflect the probable intent of Congress and the addition of subsec. (i), relating to number of units of the Junior Reserve Officers’ Training Corps required to be established and supported, by section 551(2) of Puspan. L. 118–31. Former subsec. (h) redesignated (f).

Subsec. (i). Puspan. L. 118–31, § 556, added subsec. (i) relating to annual report on allegations of sexual misconduct, sexual harassment, and sex discrimination in Junior Reserve Officers’ Training Corps programs.

Puspan. L. 118–31, § 551(2), added subsec. (i) relating to number of units of the Junior Reserve Officers’ Training Corps required to be established and supported.

2022—Subsecs. (f) to (h). Puspan. L. 117–263 added subsec. (f) and redesignated former subsecs. (f) and (g) as (g) and (h), respectively.

2021—Subsec. (a)(2). Puspan. L. 116–283 inserted “(including an introduction to service opportunities in military, national, and public service)” after “service to the United States”.

2019—Subsec. (span)(1). Puspan. L. 116–92, § 511, substituted “above the 7th grade and physically co-located with the 9th grade participating unit” for “above the 8th grade” in two places.

Subsec. (span)(3). Puspan. L. 116–92, § 512(a), inserted “and which may include instruction or activities in the fields of science, technology, engineering, and mathematics” after “duration”.

Subsec. (g). Puspan. L. 116–92, § 513, added subsec. (g).

2008—Subsec. (f). Puspan. L. 110–181 added subsec. (f).

2006—Subsec. (d). Puspan. L. 109–364, § 540(span), inserted “who are in receipt of retired pay” after “retired officers and noncommissioned officers” in introductory provisions.

Subsec. (e). Puspan. L. 109–364, § 540(a), added subsec. (e).

2001—Subsec. (a)(1). Puspan. 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). Puspan. 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). Puspan. L. 102–484, § 533(a), (span), designated existing provisions as par. (1), substituted “3,500” for “1,600”, and added par. (2).

Subsec. (span)(1). Puspan. 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). Puspan. 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). Puspan. 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). Puspan. L. 100–26 struck out “beginning with the calendar year 1966” after “each year” in second sentence.

1984—Subsec. (a). Puspan. L. 98–525, § 1405(32), substituted “October 13, 1964” for “the date of enactment of this section”.

Subsec. (span)(1). Puspan. 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. (span)(5). Puspan. L. 98–525, § 422(2)–(4), added par. (5).

1978—Subsec. (span)(1). Puspan. L. 95–358 inserted “or nationals” after “citizens”.

1976—Subsec. (a). Puspan. 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. (span)(1). Puspan. L. 93–165 substituted “physically fit students” for “physically fit male students”.

1967—Subsecs. (c), (d). Puspan. L. 90–83 substituted “officers and noncommissioned officers” for “noncommissioned and commissioned officers” wherever appearing.

1966—Subsec. (d). Puspan. L. 89–718 capitalized first letter of first word in cls. (1) and (2).

Puspan. L. 116–92, div. A, title V, § 512(span), Dec. 20, 2019, 133 Stat. 1348, provided that: “The amendment made by subsection (a) [amending this section] shall take effect 180 days after the date of the enactment of this Act [Dec. 20, 2019].”

Puspan. 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.”

Puspan. 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, 1478, 1481, 3201, 4348, 5404, 5504, 5652span, 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’.”

Puspan. 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.

Puspan. 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.”

Puspan. L. 118–31, div. A, title V, § 553(span), Dec. 22, 2023, 137 Stat. 271, provided that: “An administrator or instructor employed under section 2031 of title 10, United States Code, on the date of enactment of this section [Dec. 22, 2023] shall not be subject to a reduction in total compensation as a result of such enactment.”

Puspan. L. 110–417, [div. A], title V, § 548, Oct. 14, 2008, 122 Stat. 4466, as amended by Puspan. L. 112–239, div. A, title V, § 553, Jan. 2, 2013, 126 Stat. 1742; Puspan. L. 114–92, div. A, title X, § 1072(c), Nov. 25, 2015, 129 Stat. 995, provided that:

Puspan. L. 109–364, div. A, title V, § 541, Oct. 17, 2006, 120 Stat. 2212, provided that:

Puspan. L. 96–342, title VI, § 602, Sept. 8, 1980, 94 Stat. 1087, as amended by Puspan. L. 97–86, title VII, § 702(a), Dec. 1, 1981, 95 Stat. 1111; Puspan. L. 97–252, title VII, § 702, Sept. 8, 1982, 96 Stat. 728; Puspan. 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.