
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(b)]
[Document affected by Public Law 107-107 Section 536(a)]
[Document affected by Public Law 107-107 Section 536(c)]
[Document affected by Public Law 107-107 Section 536(b)]
[CITE: 10USC2107a]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                    PART III--TRAINING AND EDUCATION
 
          CHAPTER 103--SENIOR RESERVE OFFICERS' TRAINING CORPS
 
Sec. 2107a. Financial assistance program for specially selected 
        members: Army Reserve and Army National Guard
        
    (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 27 years of age 
on June 30 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, 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.
    (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) To be eligible for appointment as a cadet under this section, a 
member of the program must--
        (1) be a citizen of the United States;
        (2) be specially selected for the financial assistance program 
    under this section under procedures prescribed by the Secretary of 
    the Army;
        (3) enlist in a reserve component of the Army for the period 
    prescribed by the Secretary of the Army;
        (4) 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;
        (5) 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
        (6) 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.

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.
    (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 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.

(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, Secs. 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.)


                               Amendments

    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

    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.

                  Section Referred to in Other Sections

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