10 U.S.C. § 2107a
10 U.S.C. § 2107a
EDITORIAL NOTES
AMENDMENTS2009-Subsec. (h). Pub. L. 111-84 substituted "22 cadets" for "17 cadets", "22 members" for "17 members", and "22 such members" for "17 such members".2008-Subsec. (b)(3). Pub. L. 110-181, §522, amended par. (3) generally. Prior to amendment, par. (3) read as follows: "In the case of a cadet under this section at a military junior college, or a cadet or former cadet under this section who signs an agreement under section 2122 of this title, the Secretary may, at any time and with the consent of the cadet, or former cadet, concerned, modify an agreement described in paragraph (1)(F) submitted by the cadet, or former 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." Subsec. (h). Pub. L. 110-181, §523, substituted "each year under this section" for "not more than 416 cadets each year under this section, to include".2006-Subsec. (b)(1)(A). Pub. L. 109-163, §534(b), inserted "or national" after "citizen". Subsec. (b)(3). Pub. L. 109-364 inserted "or a cadet or former cadet under this section who signs an agreement under section 2122 of this title," after "military junior college," and ",or former cadet," after "consent of the cadet" and after "submitted by the cadet".Subsec. (c)(3). Pub. L. 109-163, §531(b), struck out par. (3) which read as follows: "The total amount of financial assistance, including the payment of room and board and any other educational expenses, provided to a cadet 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 under paragraph (1), or another amount determined by the Secretary of the Army, without regard to whether the room and board and other educational expenses for such cadet are paid under paragraph (2)."Subsec. (h). Pub. L. 109-163, §532, substituted "416" for "208".Subsec. (j). Pub. L. 109-163, §536, added subsec. (j). 2004-Subsec. (c)(4). Pub. L. 108-375 added par. (4).2003-Subsec. (c). Pub. L. 108-136, §521(b), designated existing provisions as par. (1) and added pars. (2) and (3).Subsec. (h). Pub. L. 108-136, §522, substituted "17" for "10" wherever appearing.2001-Subsec. (a)(1). Pub. L. 107-107, §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, §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, §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, §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, §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, §522(b)(1), substituted "Army Reserve and Army National Guard" for "military junior colleges" in section catchline.Subsec. (a)(1). Pub. L. 102-190, §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, §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, §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, §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, §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."
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2003 AMENDMENT Amendment by section 521(b) of Pub. L. 108-136 applicable to payment of expenses of cadets and midshipmen of Senior Reserve Officers' Training Corps Program that are due after Nov. 24, 2003, see section 521(c) of Pub. L. 108-136, set out as a note under section 2107 of this title.
EFFECTIVE DATE OF 2001 AMENDMENT Pub. L. 107-107, div. A, title V, §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 DATEPub. L. 96-357, §1(e), Sept. 24, 1980, 94 Stat. 1180, 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."
SAVINGS PROVISIONParagraph (3) of subsec. (c) of this section, as in effect on the day before Jan. 6, 2006, to continue to apply in the case of any individual selected before Jan. 6, 2006, for appointment as a cadet under this section, see section 531(c) of Pub. L. 109-163, set out as a note under section 2107 of this title.
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.
- Army National Guard of the United States
- The term "Army National Guard of the United States" means the reserve component of the Army all of whose members are members of the Army National Guard.
- 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.
- 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.
- 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.
- uniformed services
- The term "uniformed services" means-(A) the armed forces;(B) the commissioned corps of the National Oceanic and Atmospheric Administration; and(C) the commissioned corps of the Public Health Service.