§ 2167. National Defense University: admission of private sector civilians to professional military education program

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(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.

(Added Pub. L. 107–107, div. A, title V, § 528(a)(1), Dec. 28, 2001, 115 Stat. 1102; amended Pub. L. 111–84, div. A, title V, § 526, Oct. 28, 2009, 123 Stat. 2288; Pub. L. 111–383, div. A, title V, § 592, Jan. 7, 2011, 124 Stat. 4232.)

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U.S. Code

§ 2167
National Defense University: admission of private sector civilians to professional military education program

statutes-at-large

Public Law 107–107
To authorize appropriations for fiscal year 2002 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes

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U.S. Code

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Pub. L. 107–107, div. A, title V, § 528(a)(1)
115 Stat. 1102
Pub. L. 111–84, div. A, title V, § 526
123 Stat. 2288
Pub. L. 111–383, div. A, title V, § 592
124 Stat. 4232
Pub. L. 111–383
Pub. L. 111–84
Pub. L. 107–107, div. A, title V, § 528(b)
115 Stat. 1103

Citation graph

cites case law

§ 2167

National Defense University: admission of private sector civilians to professional military education program

Stat.×1

U.S.C.×1

U.S.C.§ 2165

U.S.C.§ 2167

Pub. L.Pub. L. 107–107, div. A, title V, § 528(a)(1)

Stat.115 Stat. 1102

Pub. L.Pub. L. 111–84, div. A, title V, § 526

Stat.123 Stat. 2288

Pub. L.Pub. L. 111–383, div. A, title V, § 592

Cites 12 · showing 7Cited by 2 across 2 sources