FY2024 NDAA: Junior Reserve Officers’ Training Corps (JROTC) Matters

INSIGHTi

FY2024 NDAA: Junior Reserve Officers’

Training Corps (JROTC) Matters

Updated December 29, 2023

Background

The Junior Reserve Officers’ Training Corps (JROTC) is a congressionally mandated and funded

Department of Defense (DOD) program of instruction with participation of approximately 500,000

students in more than 3,400 secondary schools. It is administered by the military departments (Army,

Navy, and Air Force) and instruction is provided primarily by retired military servicemembers. The

military services exercise oversight for the program in coordination with local educational agencies

(LEAs).

The program has garnered attention in the 117th and 118th Congresses following reporting on instructor

misconduct, curriculum standards, and allegations of coerced enrollment, among other matters. While

program oversight has raised concerns, a 2023 study by the RAND Corporation of JROTC outcomes has

linked high school participation in the program with increased likelihood for graduation, higher

attendance rates, and lower disciplinary actions. It also found that JROTC participants are more likely

than other high school students to enlist, complete their first term of enlistment, and to pursue science,

technology, engineering, and mathematics (STEM)-related occupational specialties than other enlistees in

the Army. In 2020, the National Commission on Military, National, and Public Service pointed to JROTC

as a catalyst for increasing civic education and sparking interest in military service, and recommended

expanding and strengthening JROTC programs. Some observers have suggested that expanding the

JROTC program could help to mitigate recruiting shortfalls by increasing youth propensity to serve.

For additional background, see CRS In Focus IF11313, Defense Primer: Junior Reserve Officers’

Training Corps, by Kristy N. Kamarck.

Legislation

During consideration of the National Defense Authorization Act for Fiscal Year 2024 (NDAA; H.R. 2670;

S. 2226), the House and Senate proposed several amendments to JROTC authorities related to program

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structure and accountability. The enacted FY2024 NDAA (P.L. 118-31) adopted nearly all of provisions.

See Table 1 and discussion of provisions below.

Table 1. Selected JROTC Provisions in the FY2024 NDAA

House-passed (H.R. 2670)

Senate-passed (S. 2226)

Enacted (P.L. 118-31)

No similar provision.

Section 571 would mandate at least

3,400 JROTC units and no more than

4,000, and would strike statutory

language about “fair and equitable

distribution” of units.

Section 551 adopted the Senate

provision.

Section 553 would prohibit the

establishment or maintenance of a

JROTC unit at an educational

institution owned, operated, or

controlled by the Chinese Communist

Party.

No similar provision.

Section 554 adopted the House

provision.

Section 552 would clarify eligibility

requirements for JROTC instructors

and modify how instructor salaries

are determined.

Section 574 is similar to the House

provision but includes language

indicating that individual’s eligible

“request such employment.”

Section 553 adopted the Senate

provision with an amendment that

prohibits DOD from reducing the pay

of any JROTC instructor employed as

of the date of enactment.

No similar provision.

Section 572 would codify the authority

to suspend or place on probation

JROTC units and would require reports

to Congress on suspended and

probationary units.

Section 555 adopted the Senate

provision with a technical amendment.

No similar provision.

Section 573 would require DOD to

establish a standard memorandum of

understanding (MOU) for institutions

hosting JROTC units with processes for

reporting conduct violations.

Section 552 adopted the Senate

provision with a technical amendment.

No similar provision.

Section 575 would require an annual

report to Congress on allegations of

sexual misconduct in JROTC units.

Section 556 adopted the Senate

provision with a technical amendment.

No similar provision.

Section 576 would require a

Government Accountability Office

(GAO) report on DOD efforts to

increase transparency and reporting on

sexual violence in JROTC.

Not adopted; conferees directed a

GAO report on topics related to

JROTC and sexual misconduct.

Program Structure

Program Accountability

Source: CRS analysis of legislation on Congress.gov.

Program Structure

Section 551 of the FY2024 NDAA set mandatory parameters for the number of JROTC units (between

3,400 and 4,000). The military departments reported 3,499 total units in FY2023 (see Table 2) with a

planned increase of 15 units in FY2024. Section 551 also removed language under 10 U.S.C. §2031(a)

that mandates “fair and equitable distribution” of units throughout the Nation.

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Section 554 of final bill adopted a House provision that prohibits the establishment or maintenance of a

JROTC unit at an educational institution owned, operated, or controlled by an individual or entity with

connections to the Chinese Communist Party. Some observers have raised concerns about China’s

influence and investment in elementary and secondary education in the United States.

Table 2. Number of Funded JROTC Units

Military Service Branch

FY2023

FY2024 (request)

Army

1,729

1,734

Navy

658

658

Marine Corps

254

252

Air Force

848

853

Space Force

10

17

3,499

3,514

Total

Source: Military Department budget justification books. Navy and Marine Corps figures include Navy National Defense

Cadet Corps (NNDCC) units.

Section 553 of the enacted FY2024 NDAA adopted similar provisions from the House and Senate bills

(Sections 552 and 574, respectively) that clarify the authority to employ certain non-retirement eligible

veterans and reserve component members as JROTC instructors. This follows an expansion of instructor

eligibility in the FY2023 NDAA (P.L. 117-263, §512).

Section 553 also directs a new pay structure for instructors. Under the existing system, military

departments subsidize JROTC instructors by reimbursing the host LEA for a portion of the salary. The

services fund these subsidies through military personnel (MILPERS) appropriations. The Minimum

Instructor Pay (MIP) required to be paid by the LEA is the difference between the (1) active duty pay the

instructor would receive if recalled to active duty and (2) instructor’s retired pay entitlement. The military

service is required by 10 U.S.C. §2031(e) to reimburse the LEA for up to one-half of the MIP. Changes to

the military retirement system in the FY2016 NDAA (P.L. 114-92) that reduced the retired pay multiplier

(thereby increasing the MIP) would likely increase DOD’s costs for instructor salaries under this legacy

system.

Section 553 of the enacted FY2024 NDAA requires a new “joint service instructor pay scale” (JSIPS)

system. Under the scale, DOD is to subsidize a minimum of half of the JSIPS salary and the host LEA is

responsible for the remaining salary. The legislation did not define parameters for the JSIPS, thus

providing discretionary authority to DOD to establish such parameters under its financial management

regulations for JROTC instructor pay. The final bill also included an amendment that prohibits DOD from

reducing the total compensation of any JROTC instructors or administrators who were employed as of the

data of enactment.

Program Accountability

The enacted FY2024 NDAA adopted several Senate-proposed provisions designed to improve JROTC

oversight and accountability, in particular with respect to sexual misconduct by JROTC instructors.

Section 552 requires DOD to establish a standard memorandum of understanding (MOU) for JROTC

units and LEAs specifying requirements and processes for reporting allegations of misconduct, certifying

instructors, inspecting units, and training students. Section 555 codified authorities to suspend or place

units on probation for violating the established standards, and requires DOD to report annually on

violations. Section 556 requires annual reporting for a period of five years starting in March 2024 on

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allegations of sexual misconduct and harassment in JROTC units and actions that DOD is taking to

mitigate these activities.

Section 576 of the Senate bill would have required the U.S. Government Accountability Office (GAO) to

report on DOD’s implementation of these mandated activities. This provision was not adopted; conferees

directed GAO to conduct a review of DOD efforts to increase transparency and reporting on sexual

violence and to submit a report within one year of enactment of the FY2024 NDAA.

Author Information

Kristy N. Kamarck

Specialist in Military Manpower

Disclaimer

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