10 U.S.C. § 9415

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)
Section 9415 - Community College of the Air Force: associate degrees
(a) ESTABLISHMENT AND MISSION.-There is in the Department of the Air Force a Community College of the Air Force. Such college, in cooperation with civilian colleges and universities, shall-
(1) prescribe programs of higher education for enlisted members described in subsection (b) designed to improve the technical, managerial, and related skills of such members and to prepare such members for military jobs which require the utilization of such skills; and
(2) monitor on a continuing basis the progress of members pursuing such programs.
(b) MEMBERS ELIGIBLE FOR PROGRAMS.-Subject to such other eligibility requirements as the Secretary concerned may prescribe, the following members of the armed forces are eligible to participate in programs of higher education under subsection (a)(1):
(1) Enlisted members of the Air Force or the Space Force.
(2) Enlisted members of the armed forces other than the Air Force or the Space Force who are serving as instructors at Department of the Air Force training schools.
(3) Enlisted members of the armed forces other than the Air Force or the Space Force who are participating in Community College of the Air Force affiliated joint-service training and education courses.
(c) SERIOUSLY WOUNDED, ILL, OR INJURED FORMER AND RETIRED ENLISTED MEMBERS.-
(1) The Secretary of the Air Force may authorize participation in a program of higher education under subsection (a)(1) by a person who is a former or retired enlisted member of the armed forces who at the time of the person's separation from active duty-
(A) had commenced but had not completed a program of higher education under subsection (a)(1); and
(B) is categorized by the Secretary concerned as seriously wounded, ill, or injured.
(2) For purposes of this subsection, a person who may be categorized as seriously wounded, ill, or injured is a person with a serious injury or illness (as that term is defined in section 1602(8) of the Wounded Warrior Act ( title XVI of Public Law 110-181; 10 U.S.C. 1071 note)).
(3) A person may not be authorized under paragraph (1) to participate in a program of higher education after the end of the 10-year period beginning on the date of the person's separation from active duty.
(4) The Secretary may not pay the tuition for participation in a program of higher education under subsection (a)(1) of a person participating in such program pursuant to an authorization under paragraph (1).
(d) ASSOCIATE DEGREES.-
(1) Subject to paragraph (2), an academic degree at the level of associate may be conferred under section 9417 of this title upon any person who has completed a program prescribed by the Community College of the Air Force.
(2) No degree may be conferred upon any person under this section unless the Secretary of Education determines that the standards for the award of academic degrees in agencies of the United States have been met.

10 U.S.C. § 9415

Added Pub. L. 94-361, title VI, §602, July 14, 1976, 90 Stat. 928, §9315; amended Pub. L. 96-513, title V, §514(9), Dec. 12, 1980, 94 Stat. 2935; Pub. L. 103-160, div. A, title XI, §1182(a)(12), Nov. 30, 1993, 107 Stat. 1772; Pub. L. 104-106, div. A, title X, §1078(a), Feb. 10, 1996, 110 Stat. 451; Pub. L. 105-85, div. A, title V, §552(a), (b), Nov. 18, 1997, 111 Stat. 1748; Pub. L. 108-375, div. A, title V, §556(b), Oct. 28, 2004, 118 Stat. 1915; Pub. L. 112-81, div. A, title V, §555(a), (b), Dec. 31, 2011, 125 Stat. 1415; renumbered §9415 and amended Pub. L. 115-232, div. A, title VIII, §§806(a)(3), 809(a), Aug. 13, 2018, 132 Stat. 1832, 1840; Pub. L. 116-92, div. A, title V, §557, Dec. 20, 2019, 133 Stat. 1392; Pub. L. 116-283, div. A, title IX, §923(d)(6), Jan. 1, 2021, 134 Stat. 3814.

EDITORIAL NOTES

PRIOR PROVISIONSA prior section 9415 was renumbered section 349 of this title.

AMENDMENTS2021-Subsec. (a). Pub. L. 116-283, §923(d)(6)(A), substituted "in the Department of the Air Force" for "in the Air Force" in introductory provisions.Subsec. (b)(1). Pub. L. 116-283, §923(d)(6)(B)(i), inserted "or the Space Force" after "Air Force".Subsec. (b)(2). Pub. L. 116-283, §923(d)(6)(B) (ii), substituted "other than the Air Force or the Space Force who are serving as instructors at Department of the Air Force training schools." for "other than the Air Force who are serving as instructors at Air Force training schools."Subsec. (b)(3). Pub. L. 116-283, §923(d)(6)(B) (iii), which directed amendment of par. (3) by inserting "or the Space Force" after "Air Force", was executed by making the insertion after "Air Force" the first place appearing to reflect the probable intent of Congress.2019-Subsec. (b)(3). Pub. L. 116-92 added par. (3).2018- Pub. L. 115-232, §806(a)(3), renumbered section 9315 of this title as this section.Subsec. (d)(1). Pub. L. 115-232, §809(a), substituted "section 9417" for "section 9317". 2011-Subsec. (c). Pub. L. 112-81, §555(a)(2), added subsec. (c). Former subsec. (c) redesignated (d).Subsec. (d). Pub. L. 112-81, §555(a)(1), (b), redesignated subsec. (c) as (d) and substituted "person" for "enlisted member" in two places. 2004-Subsec. (c). Pub. L. 108-375 amended heading and text generally. Prior to amendment, text read as follows: "(1) Subject to paragraph (2), the commander of the Air Education and Training Command of the Air Force may confer an academic degree at the level of associate upon any enlisted member who has completed the program prescribed by the Community College of the Air Force."(2) No degree may be conferred upon any enlisted member under this section unless (A) the Community College of the Air Force certifies to the commander of the Air Education and Training Command of the Air Force that such member has satisfied all the requirements prescribed for such degree, and (B) the Secretary of Education determines that the standards for the award of academic degrees in agencies of the United States have been met."1997-Subsec. (a). Pub. L. 105-85, §552(b)(1), inserted heading. Subsec. (a)(1). Pub. L. 105-85, §552(a)(1), substituted "enlisted members described in subsection (b)" for "enlisted members of the Air Force".Subsec. (b). Pub. L. 105-85, §552(a)(4), added subsec. (b). Former subsec. (b) redesignated subsec. (c)(1). Subsec. (c). Pub. L. 105-85, §552(a)(2), (3), (b)(2), redesignated subsec. (b) as subsec. (c)(1), inserted subsec. heading, substituted "Subject to paragraph (2)," for "Subject to subsection (c),", and redesignated former subsec. (c) as subsec. (c)(2) and pars. (1) and (2) of former subsec. (c) as subpars. (A) and (B), respectively, of subsec. (c)(2).1996-Subsec. (a)(1). Pub. L. 104-106 substituted "Air Force" for "armed forces". 1993-Subsec. (b). Pub. L. 103-160, §1182(a) (12)(A), substituted "Air Education and Training Command" for "Air Training Command".Subsec. (c). Pub. L. 103-160, §1182(a) (12)(B), substituted "Air Education and Training Command of the Air Force" for "Air Force Training Command".1980-Subsec. (c). Pub. L. 96-513 substituted "Secretary of Education" for "Commissioner of Education of the Department of Health, Education, and Welfare".

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115-232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115-232, set out as a note preceding section 3001 of this title.

EFFECTIVE DATE OF 2011 AMENDMENT Pub. L. 112-81, div. A, title V, §555(c), Dec. 31, 2011, 125 Stat. 1416, provided that: "Subsection (c) of section 9315 [now 9415] of title 10, United States Code (as added by subsection (a)(2)), shall apply to persons covered by paragraph (1) of such subsection who are categorized by the Secretary concerned as seriously wounded, ill, or injured after September 11, 2001. With respect to any such person who is separated from active duty during the period beginning on September 12, 2001, and ending on the date of the enactment of this Act [Dec. 31, 2011], the 10-year period specified in paragraph (3) of such subsection shall be deemed to commence on the date of the enactment of this Act."

EFFECTIVE DATE OF 1997 AMENDMENT Pub. L. 105-85, div. A, title V, §552(c), Nov. 18, 1997, 111 Stat. 1748, provided that: "Subsection (b) of section 9315 [now 9415] of such title, as added by subsection (a)(4), applies with respect to enrollments in the Community College of the Air Force after March 31, 1996."

EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104-106, div. A, title X, §1078(b), Feb. 10, 1996, 110 Stat. 451, provided that: "The amendment made by subsection (a) [amending this section] shall apply with respect to enrollments in the Community College of the Air Force after March 31, 1996."

EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of this title.

Secretary concerned
The term "Secretary concerned" means-(A) the Secretary of the Army, with respect to matters concerning the Army;(B) the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Department of the Navy;(C) the Secretary of the Air Force, with respect to matters concerning the Air Force and the Space Force; and(D) the Secretary of Homeland Security, with respect to matters concerning the Coast Guard when it is not operating as a service in the Department of the Navy.
active duty
The term "active duty" means full-time duty in the active military service of the United States, including sustained duty in the Space Force. Such term includes full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned. Such term does not include full-time National Guard duty.
armed forces
The term "armed forces" means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
enlisted member
The term "enlisted member" means a person in an enlisted grade.
pay
The term "pay" includes basic pay, special pay, retainer pay, incentive pay, retired pay, and equivalent pay, but does not include allowances.