-CITE-

10 USC CHAPTER 103 - SENIOR RESERVE OFFICERS' TRAINING

CORPS 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART III - TRAINING AND EDUCATION

CHAPTER 103 - SENIOR RESERVE OFFICERS' TRAINING CORPS

.

-HEAD-

CHAPTER 103 - SENIOR RESERVE OFFICERS' TRAINING CORPS

-MISC1-

Sec.

2101. Definitions.

2102. Establishment.

2103. Eligibility for membership.

2104. Advanced training; eligibility for.

2105. Advanced training; failure to complete or to accept

commission.

2106. Advanced training; commission on completion.

2107. Financial assistance program for specially selected members.

2107a. Financial assistance program for specially selected members:

Army Reserve and Army National Guard.

2108. Advanced standing; interruption of training; delay in

starting obligated service; release from program.

2109. Practical military training.

2110. Logistical support.

2111. Personnel: administrators and instructors.

2111a. Support for senior military colleges.

2111b. Senior military colleges: Department of Defense

international student program.

AMENDMENTS

1999 - Pub. L. 106-65, div. A, title V, Sec. 541(a)(2), Oct. 5,

1999, 113 Stat. 606, added item 2111b.

1997 - Pub. L. 105-85, div. A, title V, Sec. 544(f)(2), Nov. 18,

1997, 111 Stat. 1746, substituted ''Support for'' for ''Detail of

officers to'' in item 2111a.

1996 - Pub. L. 104-106, div. A, title V, Sec. 545(b), Feb. 10,

1996, 110 Stat. 318, added item 2111a.

1991 - Pub. L. 102-190, div. A, title V, Sec. 522(b)(2), Dec. 5,

1991, 105 Stat. 1362, substituted ''Army Reserve and Army National

Guard'' for ''military junior colleges'' in item 2107a.

1988 - Pub. L. 100-456, div. A, title VI, Sec. 633(a)(3)(B),

Sept. 29, 1988, 102 Stat. 1986, substituted ''Practical military

training'' for ''Field training; practice cruises'' in item 2109.

1980 - Pub. L. 96-357, Sec. 1(c)(2), Sept. 24, 1980, 94 Stat.

1180, added item 2107a.

1964 - Pub. L. 88-647, title II, Sec. 201(1), Oct. 13, 1964, 78

Stat. 1064, added chapter heading and items 2101 to 2111.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 4342, 6954, 9342 of this

title; title 5 section 8140; title 37 section 209.

-CITE-

10 USC Sec. 2101 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART III - TRAINING AND EDUCATION

CHAPTER 103 - SENIOR RESERVE OFFICERS' TRAINING CORPS

-HEAD-

Sec. 2101. Definitions

-STATUTE-

In this chapter:

(1) The term ''program'' means the Senior Reserve Officers'

Training Corps of an armed force.

(2) The term ''member of the program'' means a student who is

enrolled in the Senior Reserve Officers' Training Corps of an

armed force.

(3) The term ''advanced training'' means the training and

instruction offered in the Senior Reserve Officers' Training

Corps to students enrolled in an advanced education program

beyond the baccalaureate degree level or to students in the third

and fourth years of a four-year Senior Reserve Officers' Training

Corps course, or the equivalent period of training in an approved

two-year Senior Reserve Officers' Training Corps course (except

that, in the case of a student enrolled in an academic program

which has been approved by the Secretary of the military

department concerned and which requires more than four academic

years for completion of baccalaureate degree requirements,

including elective requirements of the Senior Reserve Officers'

Training Corps course, such term includes a fifth academic year

or a combination of a part of a fifth academic year and summer

sessions).

-SOURCE-

(Added Pub. L. 88-647, title II, Sec. 201(1), Oct. 13, 1964, 78

Stat. 1064; amended Pub. L. 98-94, title X, Sec. 1003(a)(1), title

XII, Sec. 1268(11), Sept. 24, 1983, 97 Stat. 656, 706; Pub. L.

100-180, div. A, title XII, Sec. 1231(17), Dec. 4, 1987, 101 Stat.

1161; Pub. L. 104-201, div. A, title V, Sec. 553(b), Sept. 23,

1996, 110 Stat. 2526.)

-MISC1-

AMENDMENTS

1996 - Par. (3). Pub. L. 104-201 inserted ''students enrolled in

an advanced education program beyond the baccalaureate degree level

or to'' after ''Training Corps to''.

1987 - Pub. L. 100-180, in pars. (1) to (3), inserted ''The

term'' after each par. designation, and struck out uppercase letter

of first word after first quotation marks in each par. and

substituted lowercase letter.

1983 - Pub. L. 98-94, Sec. 1268(11)(A), substituted a colon for a

dash after ''In this chapter'' in provision preceding par. (1).

Par. (1). Pub. L. 98-94, Sec. 1268(11)(B), (C), substituted

''Program'' for ''program'' and a period for a semicolon after

''armed force''.

Par. (2). Pub. L. 98-94, Sec. 1268(11)(D), (E), substituted

''Member'' for ''member'', and a period for ''; and'' after ''armed

force''.

Par. (3). Pub. L. 98-94, Sec. 1268(11)(F), substituted

''Advanced'' for ''advanced''.

Pub. L. 98-94, Sec. 1003(a)(1), inserted parenthetical provision

relating to a fifth academic year or a combination of a fifth

academic year and summer sessions.

-CITE-

10 USC Sec. 2102 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART III - TRAINING AND EDUCATION

CHAPTER 103 - SENIOR RESERVE OFFICERS' TRAINING CORPS

-HEAD-

Sec. 2102. Establishment

-STATUTE-

(a) For the purpose of preparing selected students for

commissioned service in the Army, Navy, Air Force, or Marine Corps,

the Secretary of each military department, under regulations

prescribed by the President, may establish and maintain a Senior

Reserve Officers' Training Corps program, organized into one or

more units, at any accredited civilian educational institution

authorized to grant baccalaureate degrees, and at any school

essentially military that does not confer baccalaureate degrees,

upon the request of the authorities at that institution.

(b) No unit may be established or maintained at an institution

unless -

(1) the senior commissioned officer of the armed force

concerned who is assigned to the program at that institution is

given the academic rank of professor;

(2) the institution fulfills the terms of its agreement with

the Secretary of the military department concerned; and

(3) the institution adopts, as a part of its curriculum, a

four-year course of military instruction or a two-year course of

advanced training of military instruction, or both, which the

Secretary of the military department concerned prescribes and

conducts.

(c) At those institutions where a unit of the program is

established membership of students in the program shall be elective

or compulsory as provided by State law or the authorities of the

institution concerned.

(d) The President shall cause to be established and maintained in

each State at least one unit of the program if -

(1) a unit is requested by an educational institution in the

State;

(2) such request is approved by the Governor of the State in

which the institution requesting the unit is located; and

(3) the Secretary of the military department concerned

determines that there will be not less than 40 students enrolled

in such unit and that the provisions of this section are

otherwise satisfied.

-SOURCE-

(Added Pub. L. 88-647, title II, Sec. 201(1), Oct. 13, 1964, 78

Stat. 1065; amended Pub. L. 95-79, title VI, Sec. 602, July 30,

1977, 91 Stat. 332.)

-MISC1-

AMENDMENTS

1977 - Subsec. (d). Pub. L. 95-79 added subsec. (d).

-TRANS-

DELEGATION OF FUNCTIONS

Functions of President under subsec. (a) of this section

delegated to Secretary of Defense, see section 1(10) of Ex. Ord.

No. 11390, Jan. 22, 1968, 33 F.R. 841, set out as a note under

section 301 of Title 3, The President.

-MISC5-

MILITARY TRAINING FOR FEMALE UNDERGRADUATES AT MILITARY COLLEGES;

REGULATIONS

Pub. L. 95-485, title VIII, Sec. 809, Oct. 20, 1978, 92 Stat.

1623, directed the Secretary of Defense to require that any college

or university designated as a military college provide that

qualified female undergraduate students be eligible to participate

in military training at such college or university, and prohibited

the Secretary from requiring such college or university to require

female undergraduate students enrolled in such college or

university to participate in military training, prior to repeal by

Pub. L. 98-525, title XIV, Sec. 1403(b), 1404, Oct. 19, 1984, 98

Stat. 2621, eff. Oct. 1, 1985. See section 2009 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2130a of this title.

-CITE-

10 USC Sec. 2103 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART III - TRAINING AND EDUCATION

CHAPTER 103 - SENIOR RESERVE OFFICERS' TRAINING CORPS

-HEAD-

Sec. 2103. Eligibility for membership

-STATUTE-

(a) To be eligible for membership in the program a person must be

a student at an institution where a unit of the Senior Reserve

Officers' Training Corps is established. However, a student at an

institution that does not have a unit of the Corps is eligible, if

otherwise qualified, to be a member of a unit at another

institution.

(b) Persons from foreign countries may be enrolled as members of

the program when their enrollment is approved by the Secretary of

the military department concerned under criteria approved by the

Secretary of State.

(c) A medical, dental, pharmacy, veterinary, or sciences allied

to medicine, student may be admitted to a unit of the program for a

course of training consisting of 90 hours of instruction a year for

four academic years.

(d) Under such conditions as the Secretary of the military

department concerned may prescribe, a medical, dental, pharmacy,

veterinary, or sciences allied to medicine, student who is a

commissioned officer of a reserve component of an armed force may

be admitted to and trained in a unit of the program.

(e) An educational institution at which a unit of the program has

been established shall give priority for enrollment in the program

to students who are eligible for advanced training under section

2104 of this title.

-SOURCE-

(Added Pub. L. 88-647, title II, Sec. 201(1), Oct. 13, 1964, 78

Stat. 1065; amended Pub. L. 104-201, div. A, title V, Sec.

551(a)(1), Sept. 23, 1996, 110 Stat. 2525.)

-MISC1-

AMENDMENTS

1996 - Subsec. (e). Pub. L. 104-201 added subsec. (e).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2104 of this title.

-CITE-

10 USC Sec. 2104 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART III - TRAINING AND EDUCATION

CHAPTER 103 - SENIOR RESERVE OFFICERS' TRAINING CORPS

-HEAD-

Sec. 2104. Advanced training; eligibility for

-STATUTE-

(a) Advanced training shall be provided to eligible members of

the program and, if the institution concerned so requests, to

eligible applicants for membership in the program.

(b) To be eligible for continuation, or initial enrollment, in

the program for advanced training, a person must -

(1) be a citizen of the United States;

(2) be selected for advanced training under procedures

prescribed by the Secretary of the military department concerned;

(3) enlist in an armed force under the jurisdiction of the

Secretary of the military department concerned for the period

prescribed by the Secretary;

(4) contract, with the consent of his parent or guardian if he

is a minor, with the Secretary of the military department

concerned, or his designated representative, to serve for the

period required by the program;

(5) agree in writing that he will accept an appointment, if

offered, as a commissioned officer in the Army, Navy, Air Force,

or Marine Corps, as the case may be, and that he will serve in

the armed forces for the period prescribed by the Secretary;

(6) either -

(A) complete successfully -

(i) the first two years of a four-year Senior Reserve

Officers' Training Corps course; or

(ii) field training or a practice cruise of a duration

which is prescribed by the Secretary concerned as a

preliminary requirement for admission to the advanced course;

or

(B) at the discretion of the Secretary concerned, agree in

writing to complete field training or a practice cruise, as

prescribed by the Secretary concerned, within two years after

admission to the advanced course; and

(7) execute a certificate of loyalty in such form as the

Secretary of Defense prescribes or take a loyalty oath as

prescribed by the Secretary.

(c) A member of the program who is ineligible under subsection

(b) for advanced training shall be released from the program.

(d) This section does not apply to cadets and midshipmen

appointed under section 2107, or foreign students enrolled under

section 2103(b), of this title.

-SOURCE-

(Added Pub. L. 88-647, title II, Sec. 201(1), Oct. 13, 1964, 78

Stat. 1065; amended Pub. L. 98-94, title X, Sec. 1003(a)(2), Sept.

24, 1983, 97 Stat. 656; Pub. L. 98-525, title V, Sec. 543(a), title

XIV, Sec. 1401(h), Oct. 19, 1984, 98 Stat. 2530, 2619; Pub. L.

104-106, div. A, title V, Sec. 544, Feb. 10, 1996, 110 Stat. 317;

Pub. L. 107-107, div. A, title V, Sec. 535(a), Dec. 28, 2001, 115

Stat. 1106.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in subsec. (b)(7) of this section

were contained in the following appropriation acts:

Pub. L. 98-473, title I, Sec. 101(h) (title VIII, Sec. 8018),

Oct. 12, 1984, 98 Stat. 1904, 1926.

Pub. L. 98-212, title VII, Sec. 722, Dec. 8, 1983, 97 Stat. 1442.

Pub. L. 97-377, title I, Sec. 101(c) (title VII, Sec. 722), Dec.

21, 1982, 96 Stat. 1833, 1854.

Pub. L. 97-114, title VII, Sec. 722, Dec. 29, 1981, 95 Stat.

1582.

Pub. L. 96-527, title VII, Sec. 723, Dec. 15, 1980, 94 Stat.

3085.

Pub. L. 96-154, title VII, Sec. 723, Dec. 21, 1979, 93 Stat.

1156.

Pub. L. 95-457, title VIII, Sec. 823, Oct. 13, 1978, 92 Stat.

1248.

Pub. L. 95-111, title VIII, Sec. 822, Sept. 21, 1977, 91 Stat.

903.

Pub. L. 94-419, title VII, Sec. 722, Sept. 22, 1976, 90 Stat.

1295.

Pub. L. 94-212, title VII, Sec. 722, Feb. 9, 1976, 90 Stat. 172.

Pub. L. 93-437, title VIII, Sec. 822, Oct. 8, 1974, 88 Stat.

1228.

Pub. L. 93-238, title VII, Sec. 723, Jan. 2, 1974, 87 Stat. 1042.

Pub. L. 92-570, title VII, Sec. 723, Oct. 26, 1972, 86 Stat.

1200.

Pub. L. 92-204, title VII, Sec. 723, Dec. 18, 1971, 85 Stat. 731.

Pub. L. 91-668, title VIII, Sec. 823, Jan. 11, 1971, 84 Stat.

2034.

Pub. L. 91-171, title VI, Sec. 623, Dec. 29, 1969, 83 Stat. 484.

Pub. L. 90-580, title V, Sec. 522, Oct. 17, 1968, 82 Stat. 1133.

Pub. L. 90-96, title VI, Sec. 622, Sept. 29, 1967, 81 Stat. 246.

Pub. L. 89-687, title VI, Sec. 622, Oct. 15, 1966, 80 Stat. 995.

Pub. L. 89-213, title VI, Sec. 622, Sept. 29, 1965, 79 Stat. 877.

Pub. L. 88-446, title VI, Sec. 522, Aug. 19, 1964, 78 Stat. 478.

Pub. L. 88-149, title V, Sec. 522, Oct. 17, 1963, 77 Stat. 267.

Pub. L. 87-577, title V, Sec. 522, Aug. 9, 1962, 76 Stat. 332.

Pub. L. 87-144, title VI, Sec. 622, Aug. 17, 1961, 75 Stat. 379.

Pub. L. 86-601, title V, Sec. 522, July 7, 1960, 74 Stat. 353.

Pub. L. 86-166, title V, Sec. 622, Aug. 18, 1959, 73 Stat. 382.

Pub. L. 85-724, title VI, Sec. 624, Aug. 22, 1958, 72 Stat. 728.

Pub. L. 85-117, title VI, Sec. 625, Aug. 2, 1957, 71 Stat. 327.

July 2, 1956, ch. 488, title VI, Sec. 625, 70 Stat. 471.

July 13, 1955, ch. 358, title VI, Sec. 629, 69 Stat. 320.

June 30, 1954, ch. 432, title VII, Sec. 731, 68 Stat. 356.

AMENDMENTS

2001 - Subsec. (b)(3). Pub. L. 107-107 struck out ''a reserve

component of'' before ''an armed force''.

1996 - Subsec. (b)(6)(A)(ii). Pub. L. 104-106 substituted ''a

duration'' for ''not less than six weeks' duration''.

1984 - Subsec. (a). Pub. L. 98-525, Sec. 543(a)(1), struck out

'', who have at least two academic years remaining at such

educational institution'' after ''in the program''.

Subsec. (b)(6). Pub. L. 98-525, Sec. 543(a)(2), inserted initial

word ''either'', redesignated existing subpars. (A) and (B) as cls.

(i) and (ii) of subpar. (A), and added subpar. (B).

Subsec. (b)(7). Pub. L. 98-525, Sec. 1401(h), added par. (7).

1983 - Subsec. (a). Pub. L. 98-94 substituted ''who have at least

two academic years'' for ''who have two academic years''.

EFFECTIVE DATE OF 1984 AMENDMENT

Section 543(b) of Pub. L. 98-525 provided that: ''The amendments

made by subsection (a) (amending this section) do not constitute

authority for the enactment of new budget authority for a fiscal

year beginning before October 1, 1984.''

Amendment by section 1401(h) of Pub. L. 98-525 effective Oct. 1,

1985, see section 1404 of Pub. L. 98-525, set out as an Effective

Date note under section 520b of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1475, 1478, 2103, 2105,

2106, 2109, 4342, 6954, 9342 of this title; title 37 section 209.

-CITE-

10 USC Sec. 2105 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART III - TRAINING AND EDUCATION

CHAPTER 103 - SENIOR RESERVE OFFICERS' TRAINING CORPS

-HEAD-

Sec. 2105. Advanced training; failure to complete or to accept

commission

-STATUTE-

A member of the program who is selected for advanced training

under section 2104 of this title, and who does not complete the

course of instruction, or who completes the course but declines to

accept a commission when offered, may be ordered to active duty by

the Secretary of the military department concerned to serve in his

enlisted grade or rating for such period of time as the Secretary

prescribes but not for more than two years.

-SOURCE-

(Added Pub. L. 88-647, title II, Sec. 201(1), Oct. 13, 1964, 78

Stat. 1066.)

-CITE-

10 USC Sec. 2106 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART III - TRAINING AND EDUCATION

CHAPTER 103 - SENIOR RESERVE OFFICERS' TRAINING CORPS

-HEAD-

Sec. 2106. Advanced training; commission on completion

-STATUTE-

(a) Upon satisfactorily completing the academic and military

requirements of the program of advanced training, a member of the

program who was selected for advanced training under section 2104

of this title may be appointed as a regular or reserve officer in

the appropriate armed force in the grade of second lieutenant or

ensign, even though he is under 21 years of age.

(b) The date of rank of officers appointed under this section in

May or June of any year is the date of graduation of cadets or

midshipmen from the United States Military Academy, the United

States Naval Academy, or the United States Air Force Academy, as

the case may be, in that year. The Secretary of the military

department concerned shall establish the date of rank of all other

officers appointed under this section.

(c) In computing length of service for any purpose, an officer

appointed under this section may not be credited with enlisted

service for the period covered by his advanced training, other than

any period of enlisted service performed on or after August 1,

1979, as a member of the Selected Reserve.

-SOURCE-

(Added Pub. L. 88-647, title II, Sec. 201(1), Oct. 13, 1964, 78

Stat. 1066; amended Pub. L. 102-484, div. A, title V, Sec.

517(a)(1), Oct. 23, 1992, 106 Stat. 2407; Pub. L. 104-201, div. A,

title V, Sec. 507(a)(1), Sept. 23, 1996, 110 Stat. 2512.)

-MISC1-

AMENDMENTS

1996 - Subsec. (c). Pub. L. 104-201 substituted ''performed on or

after August 1, 1979, as a member of the Selected Reserve'' for

''while serving on active duty other than for training after July

31, 1990, while a member of the Selected Reserve''.

1992 - Subsec. (c). Pub. L. 102-484 inserted before period at end

'', other than any period of enlisted service while serving on

active duty other than for training after July 31, 1990, while a

member of the Selected Reserve''.

BENEFITS NOT TO ACCRUE FOR PERIODS PRIOR TO SEPTEMBER 23, 1996

Section 507(c) of Pub. L. 104-201 provided that: ''No increase in

pay or retired or retainer pay shall accrue for periods before the

date of the enactment of this Act (Sept. 23, 1996) by reason of the

amendments made by this section (amending this section, sections

2107 and 2107a of this title, and section 205 of Title 37, Pay and

Allowances of the Uniformed Services).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 978 of this title; title

37 section 416.

-CITE-

10 USC Sec. 2107 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART III - TRAINING AND EDUCATION

CHAPTER 103 - SENIOR RESERVE OFFICERS' TRAINING CORPS

-HEAD-

Sec. 2107. Financial assistance program for specially selected

members

-STATUTE-

(a) The Secretary of the military department concerned may

appoint as a cadet or midshipman, as appropriate, in the reserve of

an armed force under his jurisdiction any eligible member of the

program who will be under 31 years of age on December 31 of the

calendar year in which he is eligible under this section for

appointment as an ensign in the Navy or as a second lieutenant in

the Army, Air Force, or Marine Corps, as the case may be.

(b) To be eligible for appointment as a cadet or midshipman under

this section a member must -

(1) be a citizen of the United States;

(2) be specially selected for the financial assistance program

under procedures prescribed by the Secretary of the military

department concerned;

(3) enlist in the reserve component of the armed force in which

he is appointed as a cadet or midshipmen for the period

prescribed by the Secretary of the military department concerned;

(4) contract, with the consent of his parent or guardian if he

is a minor, with the Secretary of the military department

concerned, or his designated representative, to serve for the

period required by the program; and

(5) agree in writing that, at the discretion of the Secretary

of the military department concerned, he will -

(A)(i) accept an appointment, if offered, as a commissioned

officer in the Army, Navy, Air Force, or Marine Corps, as the

case may be, and that, if he is commissioned as a regular

officer and his regular commission is terminated before the

sixth anniversary of his date of rank, he will accept an

appointment, if offered, in the reserve component of that armed

force and not resign before that anniversary or before such

other date, not beyond the eighth anniversary of the

midshipman's date of rank, that the Secretary of Defense may

prescribe; and

(ii) serve on active duty for four or more years;

(B)(i) accept an appointment, if offered, as a commissioned

officer in the Army, Navy, Air Force, or Marine Corps, as the

case may be; and

(ii) serve in a reserve component of that armed force until

the eighth anniversary of the receipt of such appointment,

unless otherwise extended by subsection (d) of section 2108 of

this title, under such terms and conditions as shall be

prescribed by the Secretary of the military department

concerned; or

(C)(i) accept an appointment, if offered, as a commissioned

officer in the Army, Navy, Air Force, or Marine Corps, as the

case may be; and

(ii) serve in a reserve component of that armed force until

at least the sixth anniversary and, at the discretion of the

Secretary of Defense, up to the eighth anniversary of the

receipt of such appointment, unless such appointment is

otherwise extended by subsection (d) of section 2108 of this

title, under such terms and conditions as may be prescribed by

the Secretary of the military department concerned.

The performance of service under clause (5)(B) or (5)(C) may

include periods of active duty, active duty for training, and other

service in an active or inactive status in the reserve component in

which appointed, except that performance of service under clause

(5)(C) shall include not less than two years of active duty.

(c)(1) The Secretary of the military department concerned may

provide for the payment of all expenses in his department of

administering the financial assistance program under this section,

including tuition, fees, books, and laboratory expenses. In the

case of a student enrolled in an academic program which has been

approved by the Secretary of the military department concerned and

which requires more than four academic years for completion of

baccalaureate degree requirements, including elective requirements

of the Senior Reserve Officers' Training Corps course, financial

assistance under this section may also be provided during a fifth

academic year or during a combination of a part of a fifth academic

year and summer sessions. At least 50 percent of the cadets and

midshipmen appointed under this section must qualify for in-State

tuition rates at their respective institutions and will receive

tuition benefits at that rate.

(2) The Secretary of the military department concerned may

provide financial assistance, as described in paragraph (1), to a

student enrolled in an advanced education program beyond the

baccalaureate degree level if the student also is a cadet or

midshipman in an advanced training program. Not more than 15

percent of the total number of scholarships awarded under this

section in any year may be awarded under this paragraph.

(d) Upon satisfactorily completing the academic and military

requirements of the four-year program, a cadet or midshipman may be

appointed as a regular or reserve officer in the appropriate armed

force in the grade of second lieutenant or ensign, even though he

is under 21 years of age.

(e) The date of rank of officers appointed under this section in

May or June of any year is the date of graduation of cadets or

midshipmen from the United States Military Academy, the United

States Naval Academy, or the United States Air Force Academy, as

the case may be in that year. The Secretary of the military

department concerned shall establish the date of rank of all other

officers appointed under this section.

(f) A cadet or midshipman who does not complete the four-year

course of instruction, or who completes the course but declines to

accept a commission when offered, may be ordered to active duty by

the Secretary of the military department concerned to serve in his

enlisted grade or rating for such period of time as the Secretary

prescribes but not for more than four years.

(g) In computing length of service for any purpose, an officer

appointed under this section may not be credited with service

either as a cadet or midshipman or concurrent enlisted service,

other than concurrent enlisted service performed on or after August

1, 1979, as a member of the Selected Reserve.

(h)(1) The Secretary of Defense shall determine the number of

cadets and midshipmen appointed under this section who may be in

the financial assistance programs at any one time in each military

department.

(2) Of the total number of cadets appointed in the financial

assistance programs under this section in any year, not less than

100 shall be designated for placement in the program of the Army

for service upon commissioning in the Army National Guard, of which

one-half shall be for financial assistance awarded for a period of

two years and the remainder shall be for financial assistance

awarded for a period of four years. A cadet designated under this

paragraph who, having initially contracted for service as provided

in subsection (b)(5)(A) and having received financial assistance

for two years under an award providing for four years of financial

assistance under this section, modifies such contract with the

consent of the Secretary of the Army to provide for service as

described in subsection (b)(5)(B), may be counted, for the year in

which the contract is modified, toward the number of appointments

required under the preceding sentence for financial assistance

awarded for a period of four years. A cadet who receives financial

assistance under this paragraph and is commissioned in the Army

National Guard shall perform service as provided in subsection

(b)(5)(B) and may not be accepted for service on full-time active

duty pursuant to the member's voluntary application until the

completion of the period of service prescribed in that subsection.

The Secretary of the Army shall prescribe regulations to ensure a

geographical distribution of the cadets who receive financial

assistance under this paragraph.

(i) The Secretary of each military department shall seek to

achieve an increase in the number of agreements entered into under

this section so as to achieve an increase, by the 2006-2007

academic year, of not less than 400 in the number of cadets or

midshipmen, as the case may be, enrolled under this section,

compared to such number enrolled for the 2002-2003 academic year.

In the case of the Secretary of the Navy, the Secretary shall seek

to ensure that not less than one-third of such increase in

agreements under this section are with students enrolled (or

seeking to enroll) in programs of study leading to a baccalaureate

degree in nuclear engineering or another appropriate technical,

scientific, or engineering field of study.

-SOURCE-

(Added Pub. L. 88-647, title II, Sec. 201(1), Oct. 13, 1964, 78

Stat. 1066; amended Pub. L. 92-166, Sec. 1, Nov. 24, 1971, 85 Stat.

487; Pub. L. 96-357, Sec. 1(a), (b), Sept. 24, 1980, 94 Stat. 1178;

Pub. L. 96-513, title V, Sec. 511(62), Dec. 12, 1980, 94 Stat.

2925; Pub. L. 97-60, title II, Sec. 201, Oct. 14, 1981, 95 Stat.

1005; Pub. L. 98-94, title X, Sec. 1003(a)(3), (c)(1), (2), Sept.

24, 1983, 97 Stat. 656, 657; Pub. L. 98-525, title V, Sec. 542(a),

title XIV, Sec. 1405(33), Oct. 19, 1984, 98 Stat. 2529, 2624; Pub.

L. 100-180, div. A, title V, Sec. 510, Dec. 4, 1987, 101 Stat.

1087; Pub. L. 102-484, div. A, title V, Sec. 517(a)(2), 532(a),

Oct. 23, 1992, 106 Stat. 2407, 2411; Pub. L. 104-106, div. A,

title V, Sec. 542, Feb. 10, 1996, 110 Stat. 316; Pub. L. 104-201,

div. A, title V, Sec. 507(a)(2), 553(a), 555(a), Sept. 23, 1996,

110 Stat. 2512, 2526, 2527; Pub. L. 106-65, div. A, title V, Sec.

545, Oct. 5, 1999, 113 Stat. 608; Pub. L. 107-107, div. A, title

V, Sec. 534(a), Dec. 28, 2001, 115 Stat. 1106; Pub. L. 107-314,

div. A, title V, Sec. 532(d), (e), Dec. 2, 2002, 116 Stat. 2547.)

-MISC1-

AMENDMENTS

2002 - Subsec. (h)(1). Pub. L. 107-314, Sec. 532(e), struck out

first sentence which read as follows: ''Not more than 29,500 cadets

and midshipmen appointed under this section may be in the financial

assistance programs at any one time.''

Subsec. (i). Pub. L. 107-314, Sec. 532(d), added subsec. (i).

2001 - Subsec. (a). Pub. L. 107-107 substituted ''31 years of age

on December 31'' for ''27 years of age on June 30'' and struck out

'', except that the age of any such member who has served on active

duty in the armed forces may exceed such age limitation on such

date by a period equal to the period such member served on active

duty, but only if such member will be under 30 years of age on such

date'' before period at end.

1999 - Subsec. (c)(2). Pub. L. 106-65 amended par. (2)

generally. Prior to amendment, par. (2) read as follows: ''The

Secretary of Defense shall authorize the Secretaries of the

military departments to carry out a test program to determine the

desirability of enabling graduate students to participate in the

financial assistance program under this section. As part of such

test program, the Secretary of a military department may provide

financial assistance, as described in paragraph (1), to a student

enrolled in an advanced education program beyond the baccalaureate

degree level if the student also is a cadet or midshipman in an

advanced training program. Not more than 15 percent of the total

number of scholarships awarded under this section in any year may

be awarded under the test program. No scholarship may be awarded

under the test program after September 30, 1999.''

1996 - Subsec. (a). Pub. L. 104-201, Sec. 555(a), substituted

''27 years of age'' for ''25 years of age'' and ''30 years of age''

for ''29 years of age''.

Subsec. (c). Pub. L. 104-201, Sec. 553(a), designated existing

provisions as par. (1) and added par. (2).

Subsec. (g). Pub. L. 104-201, Sec. 507(a)(2), substituted

''performed on or after August 1, 1979, as a member'' for ''while

serving on active duty other than for training after July 31, 1990,

while a member''.

Subsec. (h)(2). Pub. L. 104-106 inserted ''A cadet designated

under this paragraph who, having initially contracted for service

as provided in subsection (b)(5)(A) and having received financial

assistance for two years under an award providing for four years of

financial assistance under this section, modifies such contract

with the consent of the Secretary of the Army to provide for

service as described in subsection (b)(5)(B), may be counted, for

the year in which the contract is modified, toward the number of

appointments required under the preceding sentence for financial

assistance awarded for a period of four years.'' after first

sentence and ''full-time'' after ''for service on'' in penultimate

sentence.

1992 - Subsec. (g). Pub. L. 102-484, Sec. 517(a)(2), inserted

before period at end '', other than concurrent enlisted service

while serving on active duty other than for training after July 31,

1990, while a member of the Selected Reserve''.

Subsec. (h). Pub. L. 102-484, Sec. 532(a), designated existing

provisions as par. (1) and added par. (2).

1987 - Subsec. (h). Pub. L. 100-180 amended subsec. (h)

generally. Prior to amendment, subsec. (h) read as follows: ''Not

more than the following numbers of cadets and midshipmen appointed

under this section may be in the financial assistance programs at

any one time:

''Army program: 12,000.

''Navy program: 8,000.

''Air Force program: 9,500.''

1984 - Subsec. (b). Pub. L. 98-525, Sec. 1405(33), aligned margin

of provision following par. (5)(C)(ii) flush with left margin.

Subsec. (b)(5)(A)(i). Pub. L. 98-525, Sec. 542(a)(1), inserted

''or before such other date, not beyond the eighth anniversary of

the midshipman's date of rank, that the Secretary of Defense may

prescribe''.

Subsec. (b)(5)(C)(ii). Pub. L. 98-525, Sec. 542(a)(2),

substituted ''at least the sixth anniversary and, at the discretion

of the Secretary of Defense, up to the eighth anniversary'' for

''the sixth anniversary''.

1983 - Subsec. (b)(5). Pub. L. 98-94, Sec. 1003(c)(1), struck out

''either'' after ''he will'' in provisions preceding subpar.

(A)(i), and added subpar. (C).

Pub. L. 98-94, Sec. 1003(c)(2), inserted in provisions following

subpar. (C) ''or (5)(C)'' after ''(5)(B)'' and '', except that

performance of service under clause (5)(C) shall include not less

than two years of active duty''.

Subsec. (c). Pub. L. 98-94, Sec. 1003(a)(3), inserted provision

relating to a student enrolled in an approved academic program

which requires more than four academic years for completion of the

baccalaureate degree requirements.

1981 - Subsec. (h). Pub. L. 97-60 substituted ''8,000'' for

''6,000'' in item covering the Navy program and ''9,500'' for

''6,500'' in item covering the Air Force program.

1980 - Subsec. (a). Pub. L. 96-357, Sec. 1(a), authorized cadet

or midshipmen appointments in the reserve of an armed force for

eligible members of the program with active duty service in the

armed forces beyond the age limitation equal to period of active

duty service not to exceed 29 years of age by June 30 of calendar

year of appointment and deleted provision for appointment as cadets

or midshipmen from persons in two-year Senior Reserve Officers'

Training Corps course up to 20 percent of number of appointees.

Subsec. (b)(5). Pub. L. 96-357, Sec. 1(b)(2), provided for

exercise of discretion by the Secretary concerned, incorporated

existing provisions in subcl. (A)(i), incorporated in subcl.

(A)(ii) provision of former cl. (6), added subcl. (B) and defined

the performance of service under such subcl. (B).

Subsec. (b)(6). Pub. L. 96-357, Sec. 1(b)(2), struck out cl. (6)

requiring as condition of appointment a written agreement for

active duty service of four or more years. See subcl. (5)(A)(ii).

Subsec. (e). Pub. L. 96-513, Sec. 511(62)(A), substituted

''Military'' for ''Miilitary''.

Subsec. (h). Pub. L. 96-513, Sec. 511(62)(B), substituted ''this

section'' for ''section 2107 of this title''.

Pub. L. 96-357, Sec. 1(b)(3), substituted ''Army program:

12,000'' for ''Army program: 6,500''.

1971 - Subsec. (a). Pub. L. 92-166, Sec. 1(1), substituted ''Not

more than 20 percent of the persons appointed as cadets or

midshipmen by the Secretary in any year may be appointed from

persons in the two-year Senior Reserve Officers' Training Corps

course.'', for ''However, a member whose enrollment in the Senior

Reserve Officers' Training Corps program contemplates less than

four years of participation in the program may not be appointed a

cadet or midshipman under this section, or receive any financial

assistance authorized by this section.''.

Subsec. (c). Pub. L. 92-166, Sec. 1(2), provided that at least

50% of the cadets and midshipmen appointed under this section must

qualify for in-State tuition rates at their respective institutions

and will receive tuition benefits at the rate.

Subsec. (h). Pub. L. 92-166, Sec. 1(4), substituted ''Army

program: 6500'' for ''Army program: 5500'', ''Navy program: 6000''

for ''Navy program: 5500'' and ''Air Force program: 6500'' for

''Air Force program: 5500''.

EFFECTIVE DATE OF 1992 AMENDMENT

Section 532(b) of Pub. L. 102-484 provided that: ''The amendments

made by subsection (a) (amending this section) shall take effect on

January 1, 1993.''

EFFECTIVE DATE OF 1983 AMENDMENT

Section 1003(c)(3) of Pub. L. 98-94 provided that: ''The

amendments made by this subsection (amending this section) shall

apply with respect to agreements entered into under section

2107(b)(5) of title 10, United States Code, after September 30,

1983.''

EFFECTIVE DATE OF 1980 AMENDMENTS

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.

Amendment by Pub. L. 96-357 effective Oct. 1, 1980, see section

1(e) of Pub. L. 96-357, set out as a note under section 2107a of

this title.

EFFECTIVE DATE OF 1971 AMENDMENT

Section 2 of Pub. L. 92-166 provided that: ''This Act (amending

this section) is effective July 1, 1971.''

EFFECTIVE DATE

Section 403 of Pub. L. 88-647 provided that: ''Insofar as it

relates to the Army program and the Air Force program, section

2107(h) of title 10, United States Code (subsec. (h) of this

section), becomes effective on September 1, 1968. Until that date,

not more than four thousand cadets may be in either of those

programs at any one time. So far as it relates to the Navy

program, section 2107(h) of title 10 becomes effective on September

1, 1965.''

REVIEW REGARDING ALLOCATION OF NAVAL RESERVE OFFICERS' TRAINING

CORPS SCHOLARSHIPS AMONG PARTICIPATING COLLEGES AND UNIVERSITIES

Pub. L. 105-261, div. A, title V, Sec. 507, Oct. 17, 1998, 112

Stat. 2004, provided that:

''(a) Review. - The Secretary of the Navy should review the

process and criteria used to determine the number of Naval Reserve

Officer Training Corps (NROTC) scholarship recipients who attend

each college and university participating in the NROTC program and

how those scholarships are allocated to those schools.

''(b) Purpose of Review. - The review should seek to determine -

''(1) whether the method used by the Navy to allocate NROTC

scholarships could be changed so as to increase the likelihood

that scholarship awardees attend the school of their choice while

maintaining the Navy's capability to attain the objectives of the

Naval ROTC program to meet the annual requirement for newly

commissioned Navy ensigns and Marine Corps second lieutenants, as

well as the overall needs of the officer corps of the Department

of the Navy; and

''(2) within the determination under paragraph (1), whether the

likelihood of a scholarship awardee who wants to attend a school

of choice in the student's State of residence can be increased.

''(c) Matters Reviewed. - The matters reviewed should include the

following:

''(1) The factors and criteria considered in the process of

determining the allocation of NROTC scholarships to host colleges

and universities.

''(2) Historical data indicating the extent to which NROTC

scholarship recipients attend colleges and universities they have

indicated a preference to attend, as opposed to attending solely

or mainly in order to receive an NROTC scholarship.

''(3) The extent to which the process used by the Navy to

allocate NROTC scholarships to participating colleges and

universities contributes to optimizing resources available for

the operation of the NROTC program and improving the professional

education of NROTC midshipmen.

''(4) The effects that eliminating the controlled allocation of

scholarships to host colleges and universities, entirely or by

State, would have on the NROTC program.

''(d) Consultation Requirement. - In carrying out a review under

subsection (a), the Secretary should consult with officials of

interested associations and of colleges and universities which host

ROTC units and such other officials as the Secretary considers

appropriate.''

BENEFITS NOT TO ACCRUE FOR PERIODS PRIOR TO SEPTEMBER 23, 1996

No increase in pay or retired or retainer pay to accrue for

periods before Sept. 23, 1996, by reason of amendments made by

section 507 of Pub. L. 104-201, see section 507(c) of Pub. L.

104-201, set out as a note under section 2106 of this title.

REPORT TO CONGRESS ON TEST PROGRAM FOR GRADUATE STUDENT

PARTICIPATION IN FINANCIAL ASSISTANCE PROGRAM

Section 553(c) of Pub. L. 104-201 provided that: ''Not later than

December 31, 1998, the Secretary of Defense shall submit to

Congress a report on the experience to that date under the test

program authorized under the amendment made by subsection (a)(2)

(amending this section). The report shall include the Secretary's

assessment of the effect of the test program on the Senior ROTC

program and the Secretary's recommendation as to whether the

authority under the test program should be made permanent.''

APPLICATION OF ROTC VITALIZATION ACT OF 1964 TO APPOINTEES IN NAVAL

RESERVE BEFORE OCTOBER 13, 1964

Section 1 of Pub. L. 89-51, June 28, 1965, 79 Stat. 173,

provided: ''That all provisions of law except sections 2107(b)(3)

and (f) of title 10, United States Code (subsecs. (b)(3) and (f) of

this section), that apply to midshipmen appointed under Public Law

88-647 (see Short Title note set out under section 2031 of this

title), apply to midshipmen appointed in the Naval Reserve before

October 13, 1964.'' Section 4 of Pub. L. 89-51, set out as

Effective Date of 1965 Amendment note under section 2109 of this

title, provided that section 1 of Pub. L. 89-51 was effective Oct.

13, 1964.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2005, 2104, 2106, 2107a,

4342, 6954, 9342, 16134, 16203 of this title; title 37 sections

209, 416, 422; title 38 sections 3011, 3012.

-CITE-

10 USC Sec. 2107a 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART III - TRAINING AND EDUCATION

CHAPTER 103 - SENIOR RESERVE OFFICERS' TRAINING CORPS

-HEAD-

Sec. 2107a. Financial assistance program for specially selected

members: Army Reserve and Army National Guard

-STATUTE-

(a)(1) The Secretary of the Army may appoint as a cadet in the

Army Reserve or Army National Guard of the United States any

eligible member of the program who is enrolled in the Advanced

Course of the Army Reserve Officers' Training Corps at a military

college, military junior college, or civilian institution and who

will be under 31 years of age on December 31 of the calendar year

in which he is eligible under this section for appointment as a

second lieutenant in the Army Reserve or Army National Guard.

(2) To be considered a military college or military junior

college for the purposes of this section, a school must be a

civilian postsecondary educational institution essentially military

in nature and meet such other requirements as the Secretary of the

Army may prescribe. For purposes of this section, a military

junior college does not confer a baccalaureate degree.

(b)(1) To be eligible for appointment as a cadet under this

section, a member of the program must -

(A) be a citizen of the United States;

(B) be specially selected for the financial assistance program

under this section under procedures prescribed by the Secretary

of the Army;

(C) enlist in a reserve component of the Army for the period

prescribed by the Secretary of the Army;

(D) contract, with the consent of his parent or guardian if he

is a minor, with the Secretary of the Army to serve for the

period required by the program;

(E) agree in writing that he will accept an appointment, if

offered, as a commissioned officer in the Army Reserve or the

Army National Guard of the United States; and

(F) agree in writing that he will serve in a troop program unit

of the Army Reserve or Army National Guard for not less than

eight years.

(2) Performance of duty under an agreement under this subsection

shall be under such terms and conditions as the Secretary of the

Army may prescribe and may include periods of active duty, active

duty for training, and other service in an active or inactive

status in the reserve component in which appointed.

(3) In the case of a cadet under this section at a military

junior college, the Secretary may, at any time and with the consent

of the cadet concerned, modify an agreement described in paragraph

(1)(F) submitted by the cadet to reduce or eliminate the troop

program unit service obligation specified in the agreement and to

establish, in lieu of that obligation, an active duty service

obligation. Such a modification may be made only if the Secretary

determines that it is in the best interests of the United States to

do so.

(c) The Secretary of the Army shall provide for the payment of

all expenses of the Department of the Army in administering the

financial assistance program under this section, including the cost

of tuition, fees, books, and laboratory expenses which are incurred

by members of the program appointed as cadets under this section

while such members are students at a military junior college.

(d) Upon satisfactorily completing the academic and military

requirements of the program, a cadet may be appointed as a reserve

officer in the Army in the grade of second lieutenant, even though

he is under 21 years of age.

(e) The date of rank of officers appointed under this section in

May or June of any year is the date of graduation of cadets from

the United States Military Academy in that year. The Secretary of

the Army shall establish the date of rank of all other officers

appointed under this section.

(f) A cadet who does not complete the course of instruction, or

who completes the course but declines to accept a commission when

offered, or who does not complete a baccalaureate degree within

five years after appointment as a cadet under this section, may be

ordered to active duty by the Secretary of the Army to serve in his

enlisted grade for such period of time as the Secretary prescribes

but not for more than four years.

(g) In computing length of service for any purpose, an officer

appointed under this section may not be credited with service as a

cadet or with concurrent enlisted service, other than enlisted

service performed after August 1, 1979, as a member of the Selected

Reserve.

(h) The Secretary of the Army shall appoint not more than 208

cadets each year under this section, to include not less than 10

cadets at each military junior college at which there are not less

than 10 members of the program eligible under subsection (b) for

such an appointment. At any military junior college at which in

any year there are fewer than 10 such members, the Secretary shall

appoint each such member as a cadet under this section.

(i) Cadets appointed under this section are in addition to the

number appointed under section 2107 of this title.

-SOURCE-

(Added Pub. L. 96-357, Sec. 1(c)(1), Sept. 24, 1980, 94 Stat. 1179;

amended Pub. L. 102-190, div. A, title V, Sec. 522(a), (b)(1),

Dec. 5, 1991, 105 Stat. 1362; Pub. L. 104-201, div. A, title V,

Sec. 507(a)(3), 555(a), Sept. 23, 1996, 110 Stat. 2512, 2527; Pub.

L. 105-85, div. A, title X, Sec. 1073(a)(36), Nov. 18, 1997, 111

Stat. 1902; Pub. L. 107-107, div. A, title V, Sec. 534(b), 536(a),

(c), Dec. 28, 2001, 115 Stat. 1106, 1107.)

-MISC1-

AMENDMENTS

2001 - Subsec. (a)(1). Pub. L. 107-107, Sec. 534(b), substituted

''31 years of age on December 31'' for ''27 years of age on June

30'' and struck out '', except that the age of any such member who

has served on active duty in the armed forces may exceed such age

limitation on such date by a period equal to the period such member

served on active duty, but only if such member will be under 30

years of age on such date'' before period at end.

Subsec. (b). Pub. L. 107-107, Sec. 536(a), designated

introductory provisions of subsec. (b) as introductory provisions

of par. (1), redesignated former pars. (1) to (6) as subpars. (A)

to (F), respectively, of par. (1), redesignated former concluding

provisions as par. (2), and added par. (3).

Subsec. (h). Pub. L. 107-107, Sec. 536(c), substituted ''At any

military junior college'' for ''At any military college'' in second

sentence.

1997 - Subsec. (g). Pub. L. 105-85 inserted ''the'' after

''August 1, 1979, as a member of''.

1996 - Subsec. (a)(1). Pub. L. 104-201, Sec. 555(a), substituted

''27 years of age'' for ''25 years of age'' and ''30 years of age''

for ''29 years of age''.

Subsec. (g). Pub. L. 104-201, Sec. 507(a)(3), inserted '', other

than enlisted service performed after August 1, 1979, as a member

of Selected Reserve'' before period at end.

1991 - Pub. L. 102-190, Sec. 522(b)(1), substituted ''Army

Reserve and Army National Guard'' for ''military junior colleges''

in section catchline.

Subsec. (a)(1). Pub. L. 102-190, Sec. 522(a)(1), substituted

''enrolled in the Advanced Course of the Army Reserve Officers'

Training Corps at a military college, military junior college, or

civilian institution'' for ''a student at a military junior

college'' and inserted ''Reserve or Army National Guard'' after

''second lieutenant in the Army''.

Subsec. (a)(2). Pub. L. 102-190, Sec. 522(a)(2), inserted

''military college or'' after ''To be considered a'', substituted

''and meet'' for ''that does not confer baccalaureate degrees and

that meets'', and inserted at end ''For purposes of this section, a

military junior college does not confer a baccalaureate degree.''

Subsec. (b)(6). Pub. L. 102-190, Sec. 522(a)(3), substituted ''a

troop program unit of the Army Reserve or Army National Guard'' for

''such reserve component''.

Subsec. (f). Pub. L. 102-190, Sec. 522(a)(4), inserted ''or who

does not complete a baccalaureate degree within five years after

appointment as a cadet under this section,'' after ''when

offered,''.

Subsec. (h). Pub. L. 102-190, Sec. 522(a)(5), struck out par. (1)

designation, substituted ''not more than 208 cadets each year under

this section, to include not less than 10 cadets'' for ''not less

than 10 cadets under this section each year'', and struck out par.

(2) which read as follows: ''If the level of participation in the

program at any military junior college meets criteria for such

participation established by the Secretary of the Army by

regulation, the Secretary shall appoint additional cadets under

this section from among members of the program at such military

junior college who are eligible under subsection (b) for such an

appointment.''

EFFECTIVE DATE OF 2001 AMENDMENT

Pub. L. 107-107, div. A, title V, Sec. 536(b), Dec. 28, 2001,

115 Stat. 1107, provided that: ''The authority of the Secretary of

Defense under paragraph (3) of section 2107a(b) of title 10, United

States Code, as added by subsection (a), may be exercised with

regard to any agreement described in paragraph (1)(F) of such

section (including agreements related to participation in the

Advanced Course of the Army Reserve Officers' Training Corps at a

military college or civilian institution) that was entered into

during the period beginning on January 1, 1991, and ending on July

12, 2000 (in addition to any agreement described in that paragraph

that is entered into on or after the date of the enactment of this

Act (Dec. 28, 2001)).''

EFFECTIVE DATE

Section 1(e) of Pub. L. 96-357 provided that: ''The amendments

made by this section (enacting this section and amending sections

2107 and 2108 of this title) shall take effect on October 1,

1980.''

BENEFITS NOT TO ACCRUE FOR PERIODS PRIOR TO SEPTEMBER 23, 1996

No increase in pay or retired or retainer pay to accrue for

periods before Sept. 23, 1996, by reason of amendments made by

section 507 of Pub. L. 104-201, see section 507(c) of Pub. L.

104-201, set out as a note under section 2106 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2005, 2108, 2111b of this

title.

-CITE-

10 USC Sec. 2108 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART III - TRAINING AND EDUCATION

CHAPTER 103 - SENIOR RESERVE OFFICERS' TRAINING CORPS

-HEAD-

Sec. 2108. Advanced standing; interruption of training; delay in

starting obligated service; release from program

-STATUTE-

(a) The Secretary of the military department concerned may give

to any enlisted member of an armed force under his jurisdiction, or

any person who has served on active duty in any armed force, such

advanced standing in the program as may be justified by his

education and training.

(b) In determining a member's eligibility for advanced training,

the Secretary of the military department concerned may credit him

with any military training that is substantially equivalent in kind

to that prescribed for admission to advanced training and was

received while he was taking a course of instruction in a program

under the jurisdiction of another armed force or while he was on

active duty in the armed forces.

(c) The Secretary of the military department concerned may excuse

from a portion of the prescribed course of military instruction,

including field training and practice cruises, any person found

qualified on the basis of his previous education, military

experience, or both.

(d) A person may become, remain, or be readmitted as, a member of

the advanced training program after receiving a baccalaureate

degree or completing pre-professional studies if he has not

completed the course of military instruction or all field training

or practice cruises prescribed by the Secretary of the military

department concerned. If a member of the program has been accepted

for resident graduate or professional study, the Secretary of the

military department concerned may delay the commencement of that

member's obligated period of active duty, and any obligated period

of active duty for training or other service in an active or

inactive status in a reserve component, until the member has

completed that study. If a cadet appointed under section 2107a of

this title has been accepted for a course of study at an accredited

civilian educational institution authorized to grant baccalaureate

degrees, the Secretary of the Army may delay the beginning of that

member's obligated period of service in a reserve component until

the member has completed such course of study.

(e) The Secretary of the military department concerned may, when

he determines that the interest of the service so requires, release

any person from the program and discharge him from his armed force.

-SOURCE-

(Added Pub. L. 88-647, title II, Sec. 201(1), Oct. 13, 1964, 78

Stat. 1068; amended Pub. L. 96-357, Sec. 1(d), Sept. 24, 1980, 94

Stat. 1180.)

-MISC1-

AMENDMENTS

1980 - Subsec. (d). Pub. L. 96-357 authorized delay in starting

obligated period of active duty for training or other service in an

active or inactive status in a reserved component until completion

of resident graduate or professional study or military junior

college studies.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-357 effective Oct. 1, 1980, see section

1(e) of Pub. L. 96-357, set out as a note under section 2107a of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2107 of this title.

-CITE-

10 USC Sec. 2109 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART III - TRAINING AND EDUCATION

CHAPTER 103 - SENIOR RESERVE OFFICERS' TRAINING CORPS

-HEAD-

Sec. 2109. Practical military training

-STATUTE-

(a) For the further practical instruction of members of, and

designated applicants for membership in, the program, the Secretary

of the military department concerned may prescribe and conduct

practical military training, in addition to field training and

practice cruises prescribed under section 2104(b)(6) of this

title. The Secretary concerned may require that some or all of the

training prescribed under this subsection must be completed by a

member before the member is commissioned.

(b) The Secretary of the military department concerned, with

respect to practical military training prescribed under this

section and field training and practice cruises prescribed under

section 2104(b)(6) of this title, may -

(1) transport members of, and designated applicants for

membership in, the program to and from the places designated for

such training or practice cruises and furnish them subsistence

while traveling to and from those places, or, instead of

furnishing them transportation and subsistence, pay them a travel

allowance at the rate prescribed for cadets and midshipmen at the

United States Military, Naval, and Air Force Academies for travel

by the shortest usually traveled route from the places from which

they are authorized to proceed to the place designated for the

training or cruise and return, and pay the allowance for the

return trip in advance;

(2) furnish medical attendance and supplies to members of, and

designated applicants for membership in, the program while

attending such training and practice cruises, and admit them to

military hospitals;

(3) furnish subsistence, uniform clothing, and equipment to

members of, and designated applicants for membership in, the

program while attending such training or practice cruises or,

instead of furnishing uniform clothing, pay them allowances at

such rates as he may prescribe; and

(4) use any member of, and designated applicants for membership

in, an armed force, or any employee of the department, under his

jurisdiction, and such property of the United States as he

considers necessary, for the training and administration of

members of, and designated applicants for membership in, the

program at the places designated for training or practice

cruises.

(c)(1) A person who is not qualified for, and (as determined by

the Secretary concerned) will not be able to become qualified for,

advanced training by reason of one or more of the requirements

prescribed in paragraphs (1) through (3) of section 2104(b) of this

title shall not be permitted to participate in -

(A) field training or a practice cruise under section

2104(b)(6) of this title; or

(B) practical military training under subsection (a).

(2) The Secretary of the military department concerned may waive

the limitation in paragraph (1) under procedures prescribed by the

Secretary. Such procedures shall ensure uniform application of

limitations and restrictions without regard to the reason for

disqualification for advanced training.

-SOURCE-

(Added Pub. L. 88-647, title II, Sec. 201(1), Oct. 13, 1964, 78

Stat. 1068; amended Pub. L. 89-51, Sec. 2, June 28, 1965, 79 Stat.

173; Pub. L. 89-718, Sec. 17, Nov. 2, 1966, 80 Stat. 1118; Pub. L.

100-456, div. A, title VI, Sec. 633(a)(1)-(3)(A), Sept. 29, 1988,

102 Stat. 1986; Pub. L. 104-201, div. A, title V, Sec. 551(a)(2),

Sept. 23, 1996, 110 Stat. 2525; Pub. L. 105-85, div. A, title X,

Sec. 1073(a)(37), Nov. 18, 1997, 111 Stat. 1902.)

-MISC1-

AMENDMENTS

1997 - Subsec. (c)(1)(A). Pub. L. 105-85 substituted ''section

2104(b)(6)'' for ''section 2106(b)(6)''.

1996 - Subsec. (c). Pub. L. 104-201 added subsec. (c).

1988 - Pub. L. 100-456, Sec. 633(a)(3)(A), substituted

''Practical military training'' for ''Field training; practice

cruises'' in section catchline.

Subsec. (a). Pub. L. 100-456, Sec. 633(a)(1), amended subsec. (a)

generally. Prior to amendment, subsec. (a) read as follows: ''For

the further practical instruction of members of the program, the

Secretary of the military department concerned may prescribe and

conduct field training and practice cruises (other than field

training and practice cruises prescribed under section

2104(b)(6)(B) of this title) which members must complete before

they are commissioned.''

Subsec. (b). Pub. L. 100-456, Sec. 633(a)(2), inserted '', with

respect to practical military training prescribed under this

section and field training and practice cruises prescribed under

section 2104(b)(6) of this title,'' before ''may'' in introductory

provisions, and substituted ''such training'' for ''field

training'' in pars. (1) to (3).

1966 - Subsec. (b). Pub. L. 89-718 inserted ''and'' at end of

par. (3).

1965 - Subsec. (b). Pub. L. 89-51 inserted '', and designated

applicants for membership in,'' after ''members of'' in pars. (1)

to (4).

EFFECTIVE DATE OF 1988 AMENDMENT

Section 633(e) of Pub. L. 100-456 provided that: ''The amendments

made by this section (amending this section, section 8140 of Title

5, Government Organization and Employees, section 209 of Title 37,

Pay and Allowances of the Uniformed Services, and section 101 of

Title 38, Veterans' Benefits) shall apply only with respect to

training performed after September 30, 1988.''

EFFECTIVE DATE OF 1965 AMENDMENT

Section 4 of Pub. L. 89-51 provided that: ''The effective date of

this Act (amending this section and section 209 of Title 37, Pay

and Allowances of the Uniformed Services, and enacting provisions

set out as a note under section 2107 of this title) is October 13,

1964.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 37 sections 209, 1006.

-CITE-

10 USC Sec. 2110 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART III - TRAINING AND EDUCATION

CHAPTER 103 - SENIOR RESERVE OFFICERS' TRAINING CORPS

-HEAD-

Sec. 2110. Logistical support

-STATUTE-

(a) The Secretary of the military department concerned may issue

to institutions having units of the program, or to the officers of

the armed force concerned who are designated as accountable or

responsible for such property -

(1) supplies, means of transportation including aircraft, arms

and ammunition, and military textbooks and educational materials;

and

(2) uniform clothing, except that he may pay monetary

allowances for uniform clothing at such rate as he may prescribe.

(b) The Secretary of the military department concerned may

provide, or contract with civilian flying or aviation schools or

educational institutions to provide, the personnel, aircraft,

supplies, facilities, services, and instruction necessary for

flight instruction and orientation for properly designated members

of the program.

(c) The Secretary of the military department concerned may

transport members of, and designated applicants for membership in,

the program to and from installations when it is necessary for them

to undergo medical or other examinations or for the purposes of

making visits of observation. He may also furnish them

subsistence, quarters, and necessary medical care, including

hospitalization, while they are at, or traveling to or from, such

an installation.

(d) The Secretary of the military department concerned may

authorize members of, and designated applicants for membership in,

the program to participate in aerial flights in military aircraft

and in indoctrination cruises in naval vessels.

(e) The Secretary of the military department concerned may

authorize such expenditures as he considers necessary for the

efficient maintenance of the program.

(f) The Secretary of the military department concerned shall

require, from each institution to which property is issued under

subsection (a), a bond or other indemnity in such amount as he

considers adequate, but not less than $5,000, for the care and

safekeeping of all property so issued except uniforms, expendable

articles, and supplies expended in operation, maintenance, and

instruction. The Secretary may accept a bond without surety if the

institution to which the property is issued furnishes to him

satisfactory evidence of its financial responsibility.

-SOURCE-

(Added Pub. L. 88-647, title II, Sec. 201(1), Oct. 13, 1964, 78

Stat. 1069; amended Pub. L. 89-718, Sec. 18, Nov. 2, 1966, 80 Stat.

1118; Pub. L. 94-273, Sec. 11(2), Apr. 21, 1976, 90 Stat. 378; Pub.

L. 97-375, title I, Sec. 104(c), Dec. 21, 1982, 96 Stat. 1819.)

-MISC1-

AMENDMENTS

1982 - Subsec. (b). Pub. L. 97-375 struck out requirement that

the Secretary of each military department report annually to

Congress in April on the progress of the flight instruction

program.

1976 - Subsec. (b). Pub. L. 94-273 substituted ''April'' for

''January''.

1966 - Subsec. (a)(1). Pub. L. 89-718 substituted ''educational''

for ''education''.

-CITE-

10 USC Sec. 2111 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART III - TRAINING AND EDUCATION

CHAPTER 103 - SENIOR RESERVE OFFICERS' TRAINING CORPS

-HEAD-

Sec. 2111. Personnel: administrators and instructors

-STATUTE-

The Secretary of the military department concerned may detail

regular or reserve members of an armed force under his jurisdiction

(including retired members and members of the Fleet Reserve and

Fleet Marine Corps Reserve recalled to active duty with their

consent) for instructional and administrative duties at educational

institutions where units of the program are maintained.

-SOURCE-

(Added Pub. L. 88-647, title II, Sec. 201(1), Oct. 13, 1964, 78

Stat. 1069.)

-MISC1-

DEMONSTRATION PROJECT FOR INSTRUCTION AND SUPPORT OF ARMY ROTC

UNITS BY ARMY RESERVE AND NATIONAL GUARD

Pub. L. 104-201, div. A, title V, Sec. 554, Sept. 23, 1996, 110

Stat. 2527, provided that:

''(a) Demonstration Project Required. - The Secretary of the Army

shall carry out a demonstration project in order to assess the

feasibility and advisability of providing instruction and similar

support to units of the Senior Reserve Officers' Training Corps of

the Army through members of the Army Reserve (including members of

the Individual Ready Reserve) and members of the Army National

Guard.

''(b) Project Requirements. - (1) The Secretary shall carry out

the demonstration project at at least one institution of higher

education.

''(2) In order to enhance the value of the project, the Secretary

may take actions to ensure that members of the Army Reserve and the

Army National Guard provide instruction and support under the

project in a variety of innovative ways.

''(c) Inapplicability of Limitation on Reserves in Support of

ROTC. - The assignment of a member of the Army Reserve or the Army

National Guard to provide instruction or support under the

demonstration project shall not be treated as an assignment of the

member to duty with a unit of a Reserve Officer Training Corps

program for purposes of section 12321 of title 10, United States

Code.

''(d) Reports to Congress. - Not later than February 1 in each of

1998 and 1999, the Secretary shall submit to Congress a report

assessing the activities under the demonstration project during the

preceding year. The report submitted in 1999 shall include the

Secretary's recommendation as to the advisability of continuing or

expanding the authority for the project.

''(e) Termination. - The authority of the Secretary to carry out

the demonstration project shall expire three years after the date

of the enactment of this Act (Sept. 23, 1996).''

-CITE-

10 USC Sec. 2111a 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART III - TRAINING AND EDUCATION

CHAPTER 103 - SENIOR RESERVE OFFICERS' TRAINING CORPS

-HEAD-

Sec. 2111a. Support for senior military colleges

-STATUTE-

(a) Detail of Officers To Serve as Commandant or Assistant

Commandant of Cadets. - (1) Upon the request of a senior military

college, the Secretary of Defense may detail an officer on the

active-duty list to serve as Commandant of Cadets at that college

or (in the case of a college with an Assistant Commandant of

Cadets) detail an officer on the active-duty list to serve as

Assistant Commandant of Cadets at that college (but not both).

(2) In the case of an officer detailed as Commandant of Cadets,

the officer may, upon the request of the college, be assigned from

among the Professor of Military Science, the Professor of Naval

Science (if any), and the Professor of Aerospace Science (if any)

at that college or may be in addition to any other officer detailed

to that college in support of the program.

(3) In the case of an officer detailed as Assistant Commandant of

Cadets, the officer may, upon the request of the college, be

assigned from among officers otherwise detailed to duty at that

college in support of the program or may be in addition to any

other officer detailed to that college in support of the program.

(b) Designation of Officers as Tactical Officers. - Upon the

request of a senior military college, the Secretary of Defense may

authorize officers (other than officers covered by subsection (a))

who are detailed to duty as instructors at that college to act

simultaneously as tactical officers (with or without compensation)

for the Corps of Cadets at that college.

(c) Detail of Officers. - The Secretary of a military department

shall designate officers for detail to the program at a senior

military college in accordance with criteria provided by the

college. An officer may not be detailed to a senior military

college without the approval of that college.

(d) Termination or Reduction of Program Prohibited. - The

Secretary of Defense and the Secretaries of the military

departments may not take or authorize any action to terminate or

reduce a unit of the Senior Reserve Officers' Training Corps at a

senior military college unless the termination or reduction is

specifically requested by the college.

(e) Assignment to Active Duty. - (1) The Secretary of the Army

shall ensure that a graduate of a senior military college who

desires to serve as a commissioned officer on active duty upon

graduation from the college, who is medically and physically

qualified for active duty, and who is recommended for such duty by

the professor of military science at the college, shall be assigned

to active duty.

(2) Nothing in this section shall be construed to prohibit the

Secretary of the Army from requiring a member of the program who

graduates from a senior military college to serve on active duty.

(f) Senior Military Colleges. - The senior military colleges are

the following:

(1) Texas A&M University.

(2) Norwich University.

(3) The Virginia Military Institute.

(4) The Citadel.

(5) Virginia Polytechnic Institute and State University.

(6) North Georgia College and State University.

-SOURCE-

(Added Pub. L. 104-106, div. A, title V, Sec. 545(a), Feb. 10,

1996, 110 Stat. 317; amended Pub. L. 105-85, div. A, title V, Sec.

544(d)-(f)(1), Nov. 18, 1997, 111 Stat. 1745, 1746; Pub. L. 106-65,

div. A, title V, Sec. 541(c), Oct. 5, 1999, 113 Stat. 607.)

-MISC1-

AMENDMENTS

1999 - Subsec. (e)(1). Pub. L. 106-65 struck out at end ''This

paragraph shall apply to a member of the program at a senior

military college who graduates from the college after March 31,

1997.''

1997 - Pub. L. 105-85, Sec. 544(f)(1), substituted ''Support

for'' for ''Detail of officers to'' in section catchline.

Subsecs. (d), (e). Pub. L. 105-85, Sec. 544(d)(2), added subsecs.

(d) and (e). Former subsec. (d) redesignated (f).

Subsec. (f). Pub. L. 105-85, Sec. 544(e), substituted

''University'' for ''College'' in par. (2) and inserted ''and State

University'' before period at end of par. (6).

Pub. L. 105-85, Sec. 544(d)(1), redesignated subsec. (d) as (f).

CONTINUATION OF SUPPORT TO SENIOR MILITARY COLLEGES

Section 544(a)-(c) of Pub. L. 105-85 provided that:

''(a) Definition of Senior Military Colleges. - For purposes of

this section, the term 'senior military colleges' means the

following:

''(1) Texas A&M University.

''(2) Norwich University.

''(3) The Virginia Military Institute.

''(4) The Citadel.

''(5) Virginia Polytechnic Institute and State University.

''(6) North Georgia College and State University.

''(b) Findings. - Congress finds the following:

''(1) The senior military colleges consistently have provided

substantial numbers of highly qualified, long-serving leaders to

the Armed Forces.

''(2) The quality of the military leaders produced by the

senior military colleges is, in part, the result of the rigorous

military environment imposed on students attending the senior

military colleges by the colleges, as well as the result of the

long-standing close support relationship between the Corps of

Cadets at each college and the Reserve Officer Training Corps

personnel at the colleges who serve as effective leadership role

models and mentors.

''(3) In recognition of the quality of the young leaders

produced by the senior military colleges, the Department of

Defense and the military services have traditionally maintained

special relationships with the colleges, including the policy to

grant active duty service in the Army to graduates of the

colleges who desire such service and who are recommended for such

service by their ROTC professors of military science.

''(4) Each of the senior military colleges has demonstrated an

ability to adapt its systems and operations to changing

conditions in, and requirements of, the Armed Forces without

compromising the quality of leaders produced and without

interruption of the close relationship between the colleges and

the Department of Defense.

''(c) Sense of Congress. - In light of the findings in subsection

(b), it is the sense of Congress that -

''(1) the proposed initiative of the Secretary of the Army to

end the commitment to active duty service for all graduates of

senior military colleges who desire such service and who are

recommended for such service by their ROTC professors of military

science is short-sighted and contrary to the long-term interests

of the Army;

''(2) as they have in the past, the senior military colleges

can and will continue to accommodate to changing military

requirements to ensure that future graduates entering military

service continue to be officers of superb quality who are quickly

assimilated by the Armed Forces and fully prepared to make

significant contributions to the Armed Forces through extended

military careers; and

''(3) decisions of the Secretary of Defense or the Secretary of

a military department that fundamentally and unilaterally change

the long-standing relationship of the Armed Forces with the

senior military colleges are not in the best interests of the

Department of Defense or the Armed Forces and are patently unfair

to students who made decisions to enroll in the senior military

colleges on the basis of existing Department and Armed Forces

policy.''

-CITE-

10 USC Sec. 2111b 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART III - TRAINING AND EDUCATION

CHAPTER 103 - SENIOR RESERVE OFFICERS' TRAINING CORPS

-HEAD-

Sec. 2111b. Senior military colleges: Department of Defense

international student program

-STATUTE-

(a) Program Requirement. - The Secretary of Defense shall

establish a program to facilitate the enrollment and instruction of

persons from foreign countries as international students at the

senior military colleges.

(b) Purposes. - The purposes of the program shall be -

(1) to provide a high-quality, cost-effective military-based

educational experience for international students in furtherance

of the military-to-military program objectives of the Department

of Defense; and

(2) to enhance the educational experience and preparation of

future United States military leaders through increased, extended

interaction with highly qualified potential foreign military

leaders.

(c) Coordination With the Senior Military Colleges. - Guidelines

for implementation of the program shall be developed in

coordination with the senior military colleges.

(d) Recommendations for Admission of Students Under the Program.

- The Secretary of Defense shall annually identify to the senior

military colleges the international students who, based on criteria

established by the Secretary, the Secretary recommends be

considered for admission under the program. The Secretary shall

identify the recommended international students to the senior

military colleges as early as possible each year to enable those

colleges to consider them in a timely manner in their respective

admissions processes.

(e) DOD Financial Support. - An international student who is

admitted to a senior military college under the program under this

section is responsible for the cost of instruction at that

college. The Secretary of Defense may, from funds available to the

Department of Defense other than funds available for financial

assistance under section 2107a of this title, provide some or all

of the costs of instruction for any such student.

-SOURCE-

(Added Pub. L. 106-65, div. A, title V, Sec. 541(a)(1), Oct. 5,

1999, 113 Stat. 606.)

-MISC1-

EFFECTIVE DATE

Pub. L. 106-65, div. A, title V, Sec. 541(b), Oct. 5, 1999, 113

Stat. 607, provided that: ''The Secretary of Defense shall

implement the program under section 2111b of title 10, United

States Code, as added by subsection (a), with students entering the

senior military colleges after May 1, 2000.''

-CITE-