
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 534(a)]
[CITE: 10USC2107]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                    PART III--TRAINING AND EDUCATION
 
          CHAPTER 103--SENIOR RESERVE OFFICERS' TRAINING CORPS
 
Sec. 2107. Financial assistance program for specially selected 
        members
        
    (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 27 years of age on June 30 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, 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.
    (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) Not more than 29,500 cadets and midshipmen appointed under 
this section may be in the financial assistance programs at any one 
time. 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.

(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, 
Secs. 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, Secs. 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.)


                               Amendments

    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.

                  Section Referred to in Other Sections

    This section is referred to in sections 2005, 2104, 2106, 2107a, 
16134, 16203 of this title; title 37 sections 209, 416, 422; title 38 
sections 3011, 3012.
