10 U.S.C. § 2167: National Defense University…

Summary

The Secretary of Defense can allow private-sector employees who work for companies with important defense or national security work to take courses at the National Defense University. At any one time, no more than the equivalent of 35 full-time student spots can be filled by these private-sector students. If they finish the course, they can get the same kind of diploma or degree the school awards. They stay eligible only while they keep working for the same company. Before each academic year starts, the Secretary must decide and tell the Senate and House Armed Services Committees that letting private-sector students attend will help U.S. national security. The school must offer classes that focus on national security and are not easy to find elsewhere, and the courses must meet Department of Defense needs. The university president must set tuition at least equal to what federal civilian employees outside the DoD pay (minus infrastructure costs) and factor in the student’s value to the program. Private-sector students must follow the same rules about grades, attendance, and behavior as government civilian students when possible. Tuition and other funds paid for these students must stay with the university and be recorded to cover the instruction costs.

Title 10, §2167

Armed Forces, Source: USLM XML via OLRC

(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 35 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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2011—Subsec. (a). Pub. L. 111–383 substituted “35 full-time student positions” for “20 full-time student positions”. 2009—Subsec. (a). Pub. L. 111–84 substituted “20” for “10”.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 107–107, div. A, title V, § 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.”

§2167 National Defense University: Admission of Private Sector Civilians to Professional Military Education Program