§ 2015. Program to assist members in obtaining professional credentials

§ 2015. Program to assist members in obtaining professional credentials

(a) Program Required.— The Secretary of Defense and the Secretary of Homeland Security, with respect to the Coast Guard when it is not operating as a service in the Navy, shall carry out a program to enable members of the armed forces to obtain, while serving in the armed forces, professional credentials that translate into civilian occupations.

(b) Payment of Expenses.—

(1) Under the program required by this section, the Secretary of Defense and the Secretary of Homeland Security, with respect to the Coast Guard when it is not operating as a service in the Navy, shall provide for the payment of expenses of members for professional accreditation, Federal occupational licenses, State-imposed and professional licenses, professional certification, and related expenses.

(2) The authority under paragraph (1) may not be used to pay the expenses of a member to obtain professional credentials that are a prerequisite for appointment in the armed forces.

(c) Quality Assurance of Certification Programs and Standards.—

(1) Commencing not later than three years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2016, each Secretary concerned shall ensure that any credentialing program used in connection with the program under subsection (a) meets one of the requirements specified in paragraph (2).

(2) The requirements for a credentialing program specified in this paragraph are that the credentialing program—

(A) is accredited by a nationally-recognized, third-party personnel certification program accreditor;

(B)

(i) is sought or accepted by employers within the industry or sector involved as a recognized, preferred, or required credential for recruitment, screening, hiring, retention, or advancement purposes; and

(ii) where appropriate, is endorsed by a nationally-recognized trade association or organization representing a significant part of the industry or sector;

(C) grants licenses that are recognized by the Federal Government or a State government; or

(D) meets credential standards of a Federal agency.

(d) Regulations.—

(1) The Secretary of Defense and the Secretary of Homeland Security shall prescribe regulations to carry out this section.

(2) The regulations shall apply uniformly to the armed forces to the extent practicable.

(3) The regulations shall include the following:

(A) Requirements for eligibility for participation in the program under this section.

(B) A description of the professional credentials and occupations covered by the program.

(C) Mechanisms for oversight of the payment of expenses and the provision of other benefits under the program.

(D) Such other matters in connection with the payment of expenses and the provision of other benefits under the program as the Secretaries consider appropriate.

(e) Expenses Defined.— In this section, the term “expenses” means expenses for class room instruction, hands-on training (and associated materials), manuals, study guides and materials, text books, processing fees, and test fees and related fees.

(Added Pub. L. 109–163, div. A, title V, § 538(a), Jan. 6, 2006, 119 Stat. 3250; amended Pub. L. 113–291, div. A, title V, § 551(a), Dec. 19, 2014, 128 Stat. 3376; Pub. L. 114–92, div. A, title V, § 559, Nov. 25, 2015, 129 Stat. 827; Pub. L. 114–328, div. A, title V, § 561, Dec. 23, 2016, 130 Stat. 2137; Pub. L. 115–232, div. A, title V, § 556, Aug. 13, 2018, 132 Stat. 1773.)

Editorial Notes

References in Text

The date of the enactment of the National Defense Authorization Act for Fiscal Year 2016, referred to in subsec. (c)(1), is the date of enactment of Pub. L. 114–92, which was approved Nov. 25, 2015.

Amendments

2018—Subsec. (a). Pub. L. 115–232 substituted “that translate into civilian occupations.” for “related to military training and skills that—

“(1) are acquired during service in the armed forces; and

“(2) translate into civilian occupations.”

2016—Subsec. (a)(1). Pub. L. 114–328, § 561(a), struck out “incident to the performance of their military duties” after “in the armed forces”.

Subsec. (c)(1). Pub. L. 114–328, § 561(b)(1), substituted “meets one of the requirements specified in paragraph (2).” for “is accredited by an accreditation body that meets the requirements specified in paragraph (2).”

Subsec. (c)(2). Pub. L. 114–328, § 561(b)(2), added par. (2) and struck out former par. (2) which read as follows: “The requirements for accreditation bodies specified in this paragraph are requirements that an accreditation body—

“(A) be an independent body that has in place mechanisms to ensure objectivity and impartiality in its accreditation activities;

“(B) meet a recognized national or international standard that directs its policy and procedures regarding accreditation;

“(C) apply a recognized national or international certification standard in making its accreditation decisions regarding certification bodies and programs;

“(D) conduct on-site visits, as applicable, to verify the documents and records submitted by credentialing bodies for accreditation;

“(E) have in place policies and procedures to ensure due process when addressing complaints and appeals regarding its accreditation activities;

“(F) conduct regular training to ensure consistent and reliable decisions among reviewers conducting accreditations; and

“(G) meet such other criteria as the Secretary concerned considers appropriate in order to ensure quality in its accreditation activities.”

2015—Subsecs. (c) to (e). Pub. L. 114–92 added subsec. (c) and redesignated former subsecs. (c) and (d) as (d) and (e), respectively.

2014—Pub. L. 113–291 amended section generally. Prior to amendment, section related to payment of certain expenses to obtain professional credentials.

Statutory Notes and Related Subsidiaries

Improvements to the Credentialing Opportunities On-Line Programs of the Armed Forces

Pub. L. 116–283, div. A, title V, § 578, Jan. 1, 2021, 134 Stat. 3649, provided that: “(a) Study on Performance Measures.—The Secretary of Defense shall conduct a study to determine additional performance measures to evaluate the effectiveness of the Credentialing Opportunities On-Line programs (in this section referred to as the ‘COOL programs’) of each Armed Force in connecting members of the Armed Forces with professional credential programs. The study shall include the following:“(1) The percentage of members of the Armed Force concerned described in section 1142(a) of title 10, United States Code, who participate in a professional credential program through the COOL program of the Armed Force concerned. “(2) The percentage of members of the Armed Force concerned described in paragraph (1) who have completed a professional credential program described in that paragraph. “(3) The amount of funds obligated and expended to execute the COOL program of each Armed Force during the five fiscal years immediately preceding the date of the study. “(4) Any other element determined by the Secretary of Defense. “(b) Information Tracking.—The Secretary of Defense shall establish a process to standardize the tracking of information regarding the COOL programs across the Armed Forces. “(c) Coordination.—To carry out this section, the Secretary of Defense may coordinate with the Secretaries of Veterans Affairs and Labor. “(d) Report.—Not later than 180 days after the date of the enactment of this Act [Jan. 1, 2021], the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on—“(1) the study conducted under subsection (a); and “(2) the process established under subsection (b), including a timeline to implement such process.”

Programs To Facilitate the Award of Private Pilot’s Certificates

Pub. L. 116–92, div. A, title V, § 560B, Dec. 20, 2019, 133 Stat. 1393, provided that: “(a) Programs Authorized.—Each Secretary of a military department may carry out a program under which qualified participants may obtain a private pilot’s certificate through an institution of higher education with an accredited aviation program that is approved by such Secretary pursuant to subsection (c). “(b) Participant Qualifications and Types of Assistance.—“(1) In general.—In carrying out a program under subsection (a), the Secretary of a military department shall prescribe—“(A) the standards to be met for participation in the program; and “(B) the types of assistance, if any, to be provided to individuals who participate in the program. “(2) Uniformity across military departments.—To the extent practicable, the standards and types of assistance prescribed under paragraph (1) shall be uniform across the military departments. “(c) Approved Institutions of Higher Education.—“(1) In general.—In carrying out a program under subsection (a), the Secretary of a military department shall maintain a list of institutions of higher education (as that term is defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) through which an individual participating in the program may obtain a private pilot’s certificate. “(2) Qualifications and standards.—Any institution of higher education included on a list under paragraph (1), and any course of instruction toward obtaining a private pilot’s certificate offered by such institution, shall meet such qualifications and standards as the Secretary shall prescribe for purposes of the program. Such qualifications and standards shall include a requirement that any institution included on the list award, to individual participating in the program, academic credit at such institution for any portion of course work completed on the ground school course of instruction of such institution in connection with obtaining a private pilot’s certificate, regardless of whether the participant fully completed the ground school course of instruction. “(d) Annual Reports on Programs.—“(1) In general.—Not later than February 28, 2021, and each year thereafter, each Secretary of a military department shall submit to Congress a report on the program, if any, carried out by such Secretary under subsection (a) during the preceding calendar year. “(2) Elements.—Each report under paragraph (1) shall include, for the program and year covered by such report, the following:“(A) The total number of participants in the program. “(B) The number of private pilot’s certificates awarded to participants in the program. “(C) The number of participants in the program who fully completed a ground school course of instruction in connection with obtaining a private pilot’s certificate.”

Pilot Program on Earning by Special Operations Forces Medics of Credit Toward a Physician Assistant Degree

Pub. L. 115–232, div. A, title VII, § 735, Aug. 13, 2018, 132 Stat. 1819, provided that: “(a) In General.—The Assistant Secretary of Defense for Health Affairs may conduct a pilot program to assess the feasibility and advisability of partnerships between special operations forces and institutions of higher education, and health care systems if determined appropriate by the Assistant Secretary for purposes of the pilot program, through which special operations forces medics earn credit toward the master’s degree of physician assistant for military operational work and training performed by the medics. “(b) Duration.—The Assistant Secretary shall conduct the pilot program for a period not to exceed five years. “(c) Clinical Training.—Partnerships under subsection (a) shall permit medics participating in the pilot program to conduct clinical training at medical facilities of the Department of Defense and the civilian sector. “(d) Evaluation.—The evaluation of work and training performed by medics for which credits are earned under the pilot program shall comply with civilian clinical evaluation standards applicable to the awarding of the master’s degree of physician assistant. “(e) Reports.—“(1) Initial report.—Not later than 180 days after the date of the enactment of this Act [Aug. 13, 2018], the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the pilot program that shall include the following:“(A) A comprehensive framework for the military education to be provided to special operations forces medics under the pilot program, including courses of instruction at institutions of higher education and any health care systems participating in the pilot program. “(B) Metrics to be used to assess the effectiveness of the pilot program. “(C) A description of the mechanisms to be used by the Department, medics, or both to cover the costs of education received by medics under the pilot program through institutions of higher education or health care systems, including payment by the Department in return for a military service commitment, tuition or other educational assistance by the Department, use by medics of post-9/11 educational assistance available through the Department of Veterans Affairs, and any other mechanisms the Secretary considers appropriate for purposes of the pilot program. “(2) Final report.—Not later than 180 days after completion of the pilot program, the Secretary shall submit to the committees of Congress referred to in paragraph (1) a final report on the pilot program. The report shall include the following:“(A) An evaluation of the pilot program using the metrics of assessment set forth pursuant to paragraph (1)(B). “(B) An assessment of the utility of the funding mechanisms set forth pursuant to paragraph (1)(C). “(C) An assessment of the effects of the pilot program on recruitment and retention of medics for special operations forces. “(D) An assessment of the feasibility and advisability of extending one or more authorities for joint professional military education under chapter 107 of title 10, United States Code, to warrant officers or enlisted personnel, and if the Secretary considers the extension of any such authorities feasible and advisable, recommendations for legislative or administrative action to so extend such authorities. “(f) Construction of Authorities.—Nothing in this section may be construed to—“(1) authorize an officer or employee of the Federal Government to create, endorse, or otherwise incentivize a particular curriculum or degree track; or “(2) require, direct, review, or control a State or educational institution, or the instructional content, curriculum, and related activities of a State or educational institution.”

Enhancement of Mechanisms To Correlate Skills and Training for Military Occupational Specialties With Skills and Training Required for Civilian Certifications and Licenses