
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-398 Section 1[612(b),]
[Document affected by Public Law 107-107 Section 535(b)]
[CITE: 37USC209]

 
         TITLE 37--PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
 
                          CHAPTER 3--BASIC PAY
 
Sec. 209. Members of precommissioning programs

    (a) Except when on active duty, a member of the Senior Reserve 
Officers' Training Corps who is selected for advance training under 
section 2104 of title 10 is entitled to a subsistence allowance of $200 
a month beginning on the day he starts advanced training and ending upon 
the completion of his instruction under that section, but in no event 
shall any member receive such pay for more than 30 months. Subsistence 
allowance under this section may not be considered financial assistance 
requiring additional service within the meaning of the third sentence of 
section 6(d)(1) of the Military Selective Service Act (50 U.S.C. App. 
456(d)(1)).
    (b) Except when on active duty, a cadet or midshipman appointed 
under section 2107 of title 10 is entitled to a monthly subsistence 
allowance in the amount provided in subsection (a). A member enrolled in 
the first two years of a four-year program is entitled to receive 
subsistence for a maximum of twenty months. A member enrolled in the 
advanced course is entitled to subsistence as prescribed for a member 
enrolled under section 2104 of title 10 as prescribed in subsection (a).
    (c) Each cadet or midshipman in the Senior Reserve Officers' 
Training Corps, while he is attending training or practice cruises under 
chapter 103 of title 10 if the training or cruise is of at least four 
weeks duration and must be completed before the cadet or midshipman is 
commissioned, and each applicant for membership in the Senior Reserve 
Officers' Training Corps, while he is attending field training or 
practice cruises to satisfy the requirements of section 2104(b)(6)(B) of 
title 10 for admission to advanced training, is entitled, while so 
attending, to pay at the rate prescribed for cadets and midshipmen at 
the United States Military, Naval, and Air Force Academies under section 
203(c) of this title.
    (d) Except when serving on active duty, a member who is enrolled in 
a Marine Corps officer candidate program which requires a baccalaureate 
degree as a prerequisite to being commissioned as an officer and who is 
not enrolled in a program established under chapter 103 of title 10 or 
an academy established under chapter 403, 603, or 903 of title 10 may be 
paid a subsistence allowance at the same rate as that prescribed by 
subsection (a) for a member of the Senior Reserve Officers' Training 
Corps who is selected for advanced training under section 2104 of title 
10.
(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 461; Pub. L. 88-647, title II, 
Sec. 202(2), Oct. 13, 1964, 78 Stat. 1070; Pub. L. 89-51, Sec. 3, June 
28, 1965, 79 Stat. 173; Pub. L. 89-718, Sec. 51, Nov. 2, 1966, 80 Stat. 
1121; Pub. L. 92-171, Sec. 1, Nov. 24, 1971, 85 Stat. 490; Pub. L. 95-
79, title III, Sec. 302(a)(3), July 30, 1977, 91 Stat. 326; Pub. L. 96-
342, title VIII, Sec. 811(a), Sept. 8, 1980, 94 Stat. 1098; Pub. L. 96-
513, title V, Sec. 516(4), Dec. 12, 1980, 94 Stat. 2938; Pub. L. 96-579, 
Sec. 8, Dec. 23, 1980, 94 Stat. 3368; Pub. L. 98-94, title X, 
Sec. 1003(a)(4), Sept. 24, 1983, 97 Stat. 656; Pub. L. 100-456, div. A, 
title VI, Sec. 633(d), Sept. 29, 1988, 102 Stat. 1987; Pub. L. 101-189, 
div. A, title VI, Sec. 653(d), Nov. 29, 1989, 103 Stat. 1462; Pub. L. 
102-25, title VII, Sec. 702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; 
Pub. L. 103-337, div. A, title VI, Sec. 603(a), Oct. 5, 1994, 108 Stat. 
2782; Pub. L. 106-65, div. A, title V, Sec. 546(a), Oct. 5, 1999, 113 
Stat. 608.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
209(a)................................  10:6904(b).                          [N
one.]
209(b)................................  10:6905(b).                          [N
one.]
209(c)................................  10:6906(c) (1st sentence, as         [N
one.]
                                         applicable to pay).
-------------------------------------------------------------------------------
---------------------------------



                               Amendments

    1999--Subsec. (a). Pub. L. 106-65 substituted ``$200 a month'' for 
``$150 a month''.
    1994--Subsec. (a). Pub. L. 103-337 substituted ``$150 a month'' for 
``$100 a month''.
    1991--Subsecs. (b) and (d). Pub. L. 102-25 struck out ``of this 
section'' after ``subsection (a)'' wherever appearing.
    1989--Subsec. (c). Pub. L. 101-189 which directed striking out the 
period after ``title 10'' the first place it appears, was executed by 
striking the period after ``the cadet or midshipman is commissioned'' to 
reflect the probable intent of Congress.
    1988--Subsec. (c). Pub. L. 100-456 substituted ``training or 
practice cruises under chapter 103 of title 10 if the training or cruise 
is of at least four weeks duration and must be completed before the 
cadet or midshipman is commissioned.'' for ``field training or practice 
cruises under section 2109 of title 10''.
    1983--Subsec. (a). Pub. L. 98-94 substituted ``30 months'' for ``20 
months''.
    1980--Subsec. (a). Pub. L. 96-513 substituted ``section 6(d)(1) of 
the Military Selective Service Act (50 U.S.C. App. 456(d)(1))'' for 
``section 456(d)(1) of title 50, appendix''.
    Subsec. (d). Pub. L. 96-579 struck out par. (1) designation and par. 
(2) prohibiting payment of subsistence allowance for any period after 
Sept. 30, 1982.
    Pub. L. 96-342 added subsec. (d).
    1977--Pub. L. 95-79, Sec. 302(a)(3)(B), substituted ``Members of 
precommissioning programs'' for ``Members of Senior Reserve Officers' 
Training Corps'' in section catchline.
    Subsec. (c). Pub. L. 95-79, Sec. 302(a)(3)(A), substituted 
provisions authorizing rates of pay for cadets and midshipmen in the 
Senior Reserve Officers' Training Corps and applicants for membership in 
the Corps to be computed under section 203(c) of this title, for 
provisions authorizing rates of pay for members of the Senior Reserve 
Officers' Training Corps to be computed under section 201(c) of this 
title and for applicants for membership in the Corps to be computed 
under section 203 of this title for enlisted members in pay grade E-1.
    1971--Subsec. (a). Pub. L. 92-171, Sec. 1(1), substituted ``a 
subsistence allowance of $100 a month'' for ``subsistence allowance at 
the rate of not less than $40 per month or more than $50 per month''.
    Subsec. (b). Pub. L. 92-171, Sec. 1(2), substituted ``a monthly 
subsistence allowance in the amount provided in subsection (a) of this 
section. A member enrolled in the first two years of a four-year program 
is entitled to receive subsistence for a maximum of twenty months. A 
member enrolled in the advanced course is entitled to subsistence as 
prescribed for a member enrolled under section 2104 of title 10 as 
prescribed in subsection (a) of this section.'' for ``subsistence 
allowance at the rate of $50 a month beginning on the day that he starts 
his first term of college work under that section and ending upon the 
completion of his instruction under that section, but not for more than 
four years.''
    1966--Subsec. (a). Pub. L. 89-718, Sec. 51(1), struck out ``, United 
States Code,'' after ``section 2104 of title 10'', and substituted 
``20'' for ``twenty'' and ``section 456(d)(1) of title 50, appendix'' 
for ``section 6(d)(1) of the Universal Military Training and Service 
Act, as amended (50 U.S.C. App. 456(d)(1))''.
    Subsec. (c). Pub. L. 89-718, Sec. 51(2), struck out ``, United 
States Code,'' after ``section 2104(b)(6)(B) of title 10''.
    1965--Subsec. (a). Pub. L. 89-51 substituted ``subsistence 
allowance'' and ``Subsistence allowance'' for ``retainer pay'' and 
``Retainer pay'', respectively.
    Subsec. (b). Pub. L. 89-51 substituted ``subsistence allowance'' for 
``retainer pay''.
    1964--Pub. L. 88-647 substituted provisions which grant a trainee 
under section 2104 of title 10, retainer pay of from $40 to $50 monthly 
for his instruction period under said section 2104, limited to not more 
than 20 months, provide that such assistance does not fall within 
section 456(d)(1) of title 50 App., grant cadets or midshipmen under 
section 2107 of title 10 retainer pay, limited to not more than 4 years, 
authorize pay for trainees attending field training or practice cruises 
under section 2109 of title 10 at the rate prescribed for cadets and 
midshipmen at the military academies under section 201(c) of this title, 
and pay for applicants attending field training or practice cruises to 
satisfy section 2104(b)(6)(B) of title 10, as in section 203 of this 
title for enlisted men grade E-1, for provisions entitling midshipmen 
appointed under section 6904 of title 10 to $50 a month for his 
instruction period up to 4 academic years, seamen recruits under section 
6905 of title 10 to $50 monthly for his instruction period under said 
section 6905, and midshipmen in flight training or on flight duty under 
section 6906 of title 10 to pay as for midshipmen at the Naval Academy 
plus an amount equal to 50 percent of his pay for flight duty.



                    Effective Date of 1999 Amendment

    Pub. L. 106-65, div. A, title V, Sec. 546(b), Oct. 5, 1999, 113 
Stat. 608, provided that: ``The amendment made by subsection (a) 
[amending this section] shall take effect on October 1, 1999.''



                    Effective Date of 1994 Amendment

    Section 603(b) of Pub. L. 103-337 provided that:
    ``(1) Except as provided in paragraph (2), the amendments made by 
subsection (a) [amending this section] shall apply with respect to 
months beginning after August 31, 1995.
    ``(2) Upon the approval of the Secretary of Defense, the Secretary 
of a military department may implement such amendments at an earlier 
date with respect to members of the Senior Reserve Officers' Training 
Corps under the jurisdiction of the Secretary if funds are available for 
the monthly subsistence allowances authorized by such amendments.''



                    Effective Date of 1988 Amendment

    Amendment by Pub. L. 100-456 applicable with respect to training 
performed after Sept. 30, 1988, see section 633(e) of Pub. L. 100-456, 
set out as a note under section 2109 of Title 10, Armed Forces.



                    Effective Date of 1980 Amendment

    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 
Title 10, Armed Forces.



                    Effective Date of 1971 Amendment

    Section 2 of Pub. L. 92-171 provided that: ``The amendments made by 
this Act [amending this section] shall become effective on July 1, 
1971.''



                    Effective Date of 1965 Amendment

    Amendment by Pub. L. 89-51 effective Oct. 13, 1964, see section 4 of 
Pub. L. 89-51, set out as a note under section 2109 of Title 10, Armed 
Forces.



Subsistence Allowances for Members of the Marine Corps Officer Candidate 
                                Programs

    Pub. L. 92-172, Nov. 24, 1971, 85 Stat. 491, as amended by Pub. L. 
94-361, title VI, Sec. 604, July 14, 1976, 90 Stat. 929; Pub. L. 95-79, 
title VIII, Sec. 806, July 30, 1977, 91 Stat. 334; Pub. L. 95-485, title 
VIII, Sec. 803, Oct. 20, 1978, 92 Stat. 1620, which provided that until 
Sept. 30, 1980, except when on active duty, a member enrolled in a 
Marine Corps officer candidate program which required a baccalaureate 
degree as a prerequisite to being commissioned as a regular or reserve 
officer, and who was not enrolled in a program or an academy established 
under chapter 103, 403, 603, or 903 of Title 10, Armed Forces, could be 
paid a subsistence allowance at the same rate as that prescribed by 
subsec. (a) of this section, was repealed by Pub. L. 96-342, title VIII, 
Sec. 811(b), Sept. 8, 1980, 94 Stat. 1098. See subsec. (d) of this 
section.

              Section Referred to in Other Sections

    This section is referred to in title 10 section 1478; title 14 
section 705.
