10 U.S.C. § 2107
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.
1So in original.
10 U.S.C. § 2107
EDITORIAL NOTES
AMENDMENTS2023-Subsec. (a). Pub. L. 118-31, §1722(l)(2)(A), substituted "Navy or" for "Navy," and struck out "or as an officer in the equivalent grade in the Space Force" after "Marine Corps,". Subsec. (k). Pub. L. 118-31, §1722(l)(2)(B), added subsec. (k).2021- Pub. L. 116-283, §924(b)(3) (EE), substituted "Marine Corps, or Space Force" for "or Marine Corps" wherever appearing.Subsec. (a). Pub. L. 117-81 struck out "or Space Force" after "in the Space Force". Pub. L. 116-283, §924(b) (30)(A), substituted ",as a second lieutenant" for "or as a second lieutenant" and inserted "or as an officer in the equivalent grade in the Space Force" after "Marine Corps,".Subsec. (b)(3). Pub. L. 116-283, §924(b) (30)(B)(i), substituted "the reserve component of an armed force" for "the reserve component of the armed force in which he is appointed as a cadet or midshipman".Subsec. (b)(5). Pub. L. 116-283, §924(b) (30)(B)(ii), substituted "reserve component of an armed force" for "reserve component of that armed force" wherever appearing. Subsec. (d). Pub. L. 116-283, §924(b) (30)(C), substituted "second lieutenant, ensign, or an equivalent grade in the Space Force" for "second lieutenant or ensign". 2013-Subsec. (c)(1). Pub. L. 112-239 struck out at end "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." 2006-Subsec. (b)(1). Pub. L. 109-163, §534(a), inserted "or national" after "citizen".Subsec. (c)(4). Pub. L. 109-163, §531(a)(1), struck out par. (4) which read as follows: "The total amount of financial assistance, including the payment of room and board and other educational expenses, provided to a cadet or midshipman in an academic year under this subsection may not exceed an amount equal to the amount that could be provided as financial assistance for such cadet or midshipman under paragraph (1) or (2), or another amount determined by the Secretary concerned, without regard to whether room and board and other educational expenses for such cadet or midshipman are paid under paragraph (3)."Subsec. (c)(5)(B). Pub. L. 109-163, §531(a)(2), substituted "or (3)" for ",(3), or (4)".Subsec. (j). Pub. L. 109-163, §533(a), added subsec. (j). 2004-Subsec. (c)(5). Pub. L. 108-375 added par. (5).2003-Subsec. (c)(3), (4). Pub. L. 108-136 added pars. (3) and (4).2002-Subsec. (h)(1). Pub. L. 107-314, §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, §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, §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, §553(a), designated existing provisions as par. (1) and added par. (2).Subsec. (g). Pub. L. 104-201, §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, §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, §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, §1405(33), aligned margin of provision following par. (5)(C)(ii) flush with left margin. Subsec. (b)(5)(A)(i). Pub. L. 98-525, §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, §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, §1003(c)(1), struck out "either" after "he will" in provisions preceding subpar. (A)(i), and added subpar. (C).Pub. L. 98-94, §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, §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, §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, §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, §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, §511(62)(A), substituted "Military" for "Miilitary". Subsec. (h). Pub. L. 96-513, §511(62)(B), substituted "this section" for "section 2107 of this title".Pub. L. 96-357, §1(b)(3), substituted "Army program: 12,000" for "Army program: 6,500".1971-Subsec. (a). Pub. L. 92-166, §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, §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, §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".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2003 AMENDMENT Pub. L. 108-136, div. A, title V, §521(c), Nov. 24, 2003, 117 Stat. 1463, provided that: "The amendments made by this section [amending this section and section 2107a of this title] shall apply to payment of expenses of cadets and midshipmen of the Senior Reserve Officers' Training Corps program that are due after the date of the enactment of this Act [Nov. 24, 2003]."
EFFECTIVE DATE OF 1992 AMENDMENT Pub. L. 102-484, div. A, title V, §532(b), Oct. 23, 1992, 106 Stat. 2411, provided that: "The amendments made by subsection (a) [amending this section] shall take effect on January 1, 1993."
EFFECTIVE DATE OF 1983 AMENDMENT Pub. L. 98-94, title X, §1003(c)(3), Sept. 24, 1983, 97 Stat. 657, 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 Pub. L. 92-166, §2, Nov. 24, 1971, 85 Stat. 487, provided that: "This Act [amending this section] is effective July 1, 1971."
EFFECTIVE DATEPub. L. 88-647, title IV, §403, Oct. 13, 1964, 78 Stat. 1074, 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."
REGULATIONS Pub. L. 109-163, div. A, title V, §533(b), Jan. 6, 2006, 119 Stat. 3248, provided that: "The Secretary of Defense shall prescribe the regulations required under subsection (j) of section 2107 of title 10, United States Code (as added by subsection (a)), not later than May 1, 2006."
SAVINGS PROVISION Pub. L. 109-163, div. A, title V, §531(c), Jan. 6, 2006, 119 Stat. 3247, provided that: "Paragraph (4) of section 2107(c) of title 10, United States Code, and paragraph (3) of section 2107a(c) of such title, as in effect on the day before the date of the enactment of this Act [Jan. 6, 2006], shall continue to apply in the case of any individual selected before the date of the enactment of this Act for appointment as a cadet or midshipman under section 2107 or 2107a of such title."
LIEUTENANT HENRY OSSIAN FLIPPER LEADERSHIP SCHOLARSHIPS Pub. L. 115-91, div. A, title V, §548, Dec. 12, 2017, 131 Stat. 1398, provided that:"(a) IN GENERAL.-The Secretary of the Army shall designate a number of scholarships under the Army Senior Reserve Officers' Training Corps (SROTC) program that are available to students at minority-serving institutions as 'Lieutenant Henry Ossian Flipper Leadership Scholarships'."(b) NUMBER DESIGNATED.-The number of scholarships designated pursuant to subsection (a) shall be the number the Secretary determines appropriate to increase the number of Senior Reserve Officers' Training Corps scholarships at minority-serving institutions. In making the determination, the Secretary shall give appropriate consideration to the following:"(1) The number of Senior Reserve Officers' Training Corps scholarships available at all institutions participating in the Senior Reserve Officer's Training Corps program. "(2) The number of such minority-serving institutions that offer the Senior Reserve Officers' Training Corps program to their students. "(c) AMOUNT OF SCHOLARSHIP.-The Secretary may increase any scholarship designated pursuant to subsection (a) to an amount in excess of the amount of the Senior Reserve Officers' Training Corps program scholarship that would otherwise be offered at the minority-serving institution concerned if the Secretary considers that a scholarship of such increased amount is appropriate for the purpose of the scholarship."(d) MINORITY-SERVING INSTITUTION DEFINED.-In this section, the term 'minority-serving institution' means an institution of higher education described in section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a))."
REVIEW REGARDING ALLOCATION OF NAVAL RESERVE OFFICERS' TRAINING CORPS SCHOLARSHIPS AMONG PARTICIPATING COLLEGES AND UNIVERSITIES Pub. L. 105-261, div. A, title V, §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, 1996No 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 Pub. L. 104-201, div. A, title V, §553(c), Sept. 23, 1996, 110 Stat. 2526, directed the Secretary of Defense to submit to Congress a report, not later than Dec. 31, 1998, on the experience to that date under the test program authorized under the amendment to this section made by Pub. L. 104-201, §553(a)(2) .
APPLICATION OF ROTC VITALIZATION ACT OF 1964 TO APPOINTEES IN NAVAL RESERVE BEFORE OCTOBER 13, 1964 Pub. L. 89-51, §1, 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 [now Navy 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.
- Army National Guard
- The term "Army National Guard" means that part of the organized militia of the several States and Territories, Puerto Rico, and the District of Columbia, active and inactive, that-(A) is a land force;(B) is trained, and has its officers appointed, under the sixteenth clause of section 8, article I, of the Constitution;(C) is organized, armed, and equipped wholly or partly at Federal expense; and(D) is federally recognized.
- Secretary concerned
- The term "Secretary concerned" means-(A) the Secretary of the Army, with respect to matters concerning the Army;(B) the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Department of the Navy;(C) the Secretary of the Air Force, with respect to matters concerning the Air Force and the Space Force; and(D) the Secretary of Homeland Security, with respect to matters concerning the Coast Guard when it is not operating as a service in the Department of the Navy.
- active duty
- The term "active duty" means full-time duty in the active military service of the United States, including sustained duty in the Space Force. Such term includes full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned. Such term does not include full-time National Guard duty.
- armed forces
- The term "armed forces" means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
- commissioned officer
- The term "commissioned officer" includes a commissioned warrant officer.
- grade
- The term "grade" means a step or degree, in a graduated scale of office or military rank, that is established and designated as a grade by law or regulation.
- member of the program
- The term "member of the program" means a student who is enrolled in the Senior Reserve Officers' Training Corps of an armed force.
- military departments
- The term "military departments" means the Department of the Army, the Department of the Navy, and the Department of the Air Force.
- officer
- The term "officer" means a commissioned or warrant officer.
- pay
- The term "pay" includes basic pay, special pay, retainer pay, incentive pay, retired pay, and equivalent pay, but does not include allowances.
- program
- The term "program" means the Senior Reserve Officers' Training Corps of an armed force.
- rank
- The term "rank" means the order of precedence among members of the armed forces.
- rating
- The term "rating" means the name (such as "boatswain's mate") prescribed for members of an armed force in an occupational field. The term "rate" means the name (such as "chief boatswain's mate") prescribed for members in the same rating or other category who are in the same grade (such as chief petty officer or seaman apprentice).