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37 U.S.C. § 209 — Members of precommissioning programs
Federal law — U.S. Code and appendices · legal_authorities
**(a) Senior ROTC Members in Advanced Training.—**
(1) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2104&num=0&edition=prelim) is entitled to a monthly subsistence allowance at a rate prescribed under paragraph (2) 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.
(2) The Secretary of Defense shall prescribe by regulation the monthly rates for subsistence allowances provided under this section. The rate may not be less than $250 per month, but may not exceed $674 per month.
(3) A 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. 3806(d)(1)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3806/d/1&num=0&edition=prelim)).
**(b) Senior ROTC Members Appointed in Reserves.—** Except when on active duty, a cadet or midshipman appointed under [section 2107 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2107&num=0&edition=prelim) is entitled to a monthly subsistence allowance at a rate prescribed under 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](https://uscode.house.gov/view.xh
Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 209
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Source file: Laws/federal/codes/united-states-code/title-37/section-209-members-of-precommissioning-programs--34e1bcf4eb.md
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Source location: Title 37, Chapter 3, § 209; chapter-003-basic-pay.md
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**(a) Senior ROTC Members in Advanced Training.—**
(1) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2104&num=0&edition=prelim) is entitled to a monthly subsistence allowance at a rate prescribed under paragraph (2) 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.
(2) The Secretary of Defense shall prescribe by regulation the monthly rates for subsistence allowances provided under this section. The rate may not be less than $250 per month, but may not exceed $674 per month.
(3) A 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. 3806(d)(1)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3806/d/1&num=0&edition=prelim)).
**(b) Senior ROTC Members Appointed in Reserves.—** Except when on active duty, a cadet or midshipman appointed under [section 2107 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2107&num=0&edition=prelim) is entitled to a monthly subsistence allowance at a rate prescribed under 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2104&num=0&edition=prelim) as prescribed in subsection (a).
**(c) Nonscholarship Senior ROTC Members Not in Advanced Training.—** A member of the Selected Reserve Officers’ Training Corps who has entered into an agreement under [section 2103a of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2103a&num=0&edition=prelim) is entitled to a monthly subsistence allowance at a rate prescribed under subsection (a). That allowance may be paid to the member by reason of such agreement for a maximum of 20 months.
**(d) Pay While Attending Training or Practice Cruise.—** 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2104/b/6/B&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section203/c&num=0&edition=prelim), except that the rate for a cadet or midshipman who is a member of the regular component of an armed force shall be the rate of basic pay applicable to the member under [section 203 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section203&num=0&edition=prelim).
**(e) Members of Marine Corps Officer Candidate Program.—** 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 a monthly rate prescribed under subsection (a) for a member of the Senior Reserve Officers’ Training Corps who is selected for advanced training under [section 2104 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2104&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority.—** A member of the program who has completed successfully the first year of a four-year Senior Reserve Officers’ Training Corps course and who is not eligible for advanced training under [section 2104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2104&num=0&edition=prelim) and is not a cadet or midshipman appointed under [section 2107 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2107&num=0&edition=prelim) may—
(1) contract with the Secretary of the military department concerned, or the Secretary’s designated representative, to serve for the period required by the program; and
(2) agree in writing to accept an appointment, if offered, as a commissioned officer in the Army, Navy, Air Force, Marine Corps, or Space Force, as the case may be, and to serve in the armed forces for the period prescribed by the Secretary.
**(b) Eligibility Requirements.—** A member of the program may enter into a contract and agreement under this section (and receive a subsistence allowance under [section 209(c) of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section209/c&num=0&edition=prelim)) only if the person—
(1) is a citizen of the United States;
(2) enlists in an armed force under the jurisdiction of the Secretary of the military department concerned for the period prescribed by the Secretary; and
(3) executes a certificate of loyalty in such form as the Secretary of Defense prescribes or take a loyalty oath as prescribed by the Secretary.
**(c) Parental Consent for Minors.—** A member of the program who is a minor may enter into a contract under subsection (a)(1) only with the consent of the member’s parent or guardian.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2103a
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Advanced training shall be provided to eligible members of the program and, if the institution concerned so requests, to eligible applicants for membership in the program.
**(b)** To be eligible for continuation, or initial enrollment, in the program for advanced training, a person must—
(1) be a citizen of the United States;
(2) be selected for advanced training under procedures prescribed by the Secretary of the military department concerned;
(3) enlist in an armed force under the jurisdiction of the Secretary of the military department concerned for the period prescribed by the Secretary;
(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;
(5) agree in writing that he will accept an appointment, if offered, as a commissioned officer in the Army, Navy, Air Force, Marine Corps, or Space Force, as the case may be, and that he will serve in the armed forces for the period prescribed by the Secretary;
(6) either—
(A) complete successfully—
(i) the first two years of a four-year Senior Reserve Officers’ Training Corps course; or
(ii) field training or a practice cruise of a duration which is prescribed by the Secretary concerned as a preliminary requirement for admission to the advanced course; or
(B) at the discretion of the Secretary concerned, agree in writing to complete field training or a practice cruise, as prescribed by the Secretary concerned, within two years after admission to the advanced course; and
(7) execute a certificate of loyalty in such form as the Secretary of Defense prescribes or take a loyalty oath as prescribed by the Secretary.
**(c)** A member of the pro
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2104
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** For the further practical instruction of members of, and designated applicants for membership in, the program, the Secretary of the military department concerned may prescribe and conduct practical military training, in addition to field training and practice cruises prescribed under [section 2104(b)(6) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2104/b/6&num=0&edition=prelim). The Secretary concerned may require that some or all of the training prescribed under this subsection must be completed by a member before the member is commissioned.
**(b)** The Secretary of the military department concerned, with respect to practical military training prescribed under this section and field training and practice cruises prescribed under [section 2104(b)(6) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2104/b/6&num=0&edition=prelim), may—
(1) transport members of, and designated applicants for membership in, the program to and from the places designated for such training or practice cruises and furnish them subsistence while traveling to and from those places, or, instead of furnishing them transportation and subsistence, pay them a travel allowance at the rate prescribed for cadets and midshipmen at the United States Military, Naval, and Air Force Academies for travel by the shortest usually traveled route from the places from which they are authorized to proceed to the place designated for the training or cruise and return, and pay the allowance for the return trip in advance;
(2) furnish medical attendance and supplies to members of, and designated applicants for membership in, the program while attending such training and practice cruises, and admit them to military hospita
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2109
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) The rates of monthly basic pay for members of the uniformed services within each pay grade are those prescribed in accordance with [section 1009 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section1009&num=0&edition=prelim) or as otherwise prescribed by law.
(2) Notwithstanding the rates of basic pay in effect at any time as provided by law, the rates of basic pay payable for commissioned officers in pay grades O–7 through O–10 may not exceed the monthly equivalent of the rate of pay for level II of the Executive Schedule, and the rates of basic pay payable for all other officers and for enlisted members may not exceed the monthly equivalent of the rate of pay for level V of the Executive Schedule.
**(b)** While serving as a permanent professor at the United States Military Academy, the United States Naval Academy, or the United States Air Force Academy or as a member of the permanent commissioned teaching staff at the United States Coast Guard Academy, an officer who has over 36 years of service computed under [section 205 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section205&num=0&edition=prelim) is, in addition to the pay and allowances to which he is otherwise entitled under this title, entitled to additional pay in the amount of $250 a month. This additional pay may not be used in the computation of retired pay.
**(c)** A cadet at the United States Military Academy, the United States Air Force Academy, or the Coast Guard Academy, or a midshipman at the United States Naval Academy, is entitled to monthly cadet pay, or midshipman pay, at the monthly rate equal to 35 percent of the basic pay of a commissioned officer in the pay grade O–1 with less than two years of service.
Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 203
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Federal law — U.S. Code and appendices · legal_authorities
**(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 31 years of age on December 31 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, Marine Corps, or Space Force.
**(b)** To be eligible for appointment as a cadet or midshipman under this section a member must—
(1) be a citizen or national 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 an armed force 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, Marine Corps, or Space Force, 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 an 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 du
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2107
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The following definitions apply in this title:
(1) The term “United States”, in a geographic sense, means the States and the District of Columbia.
(2) Repealed. Pub. L. 109–163, div. A, title X, § 1057(a)(1), Jan. 6, 2006, 119 Stat. 3440.]
(3) The term “possessions” includes the Virgin Islands, Guam, American Samoa, and the Guano Islands, so long as they remain possessions, but does not include any Commonwealth.
(4) The term “armed forces” means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
(5) 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.
(6) The term “department”, when used with respect to a military department, means the executive part of the department and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of the department. When used with respect to the Department of Defense, such term means the executive part of the department, including the executive parts of the military departments, and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of Defense, including those of the military departments.
(7) The term “executive part of the department” means the executive part of the Department of Defense, Department of the Army, Department of the Navy, or Department of the Air Force, as the case may be, at the seat of government.
(8) The term “military departments” means the Department of the Army, the Department of the Navy, and the Department of the Air Force.
(9) The term
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 101
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 1301, act Sept. 3, 1954, ch. 1257, title IV, § 401, 68 Stat. 1166, related to applicability of sections 1301 to 1314 of this title, and defined terms.
Section 1302, acts Sept. 3, 1954, ch. 1257, title IV, § 402, 68 Stat. 1166; June 30, 1955, ch. 247, § 3(a), 69 Stat. 218, provided for authorized numbers and distribution of officers in the Naval Reserve. See sections 12003 to 12005 and 14001 et seq. of Title 10, Armed Forces.
Section 1303, acts Sept. 3, 1954, ch. 1257, title IV, § 403, 68 Stat. 1167; June 30, 1955, ch. 247, § 3(b), 69 Stat. 218, related to applicability of laws relating to selection for promotion of Regular officers. See sections 14001 et seq., 14101 et seq., 14307, and 14501 et seq. of Title 10.
Section 1304, act Sept. 3, 1954, ch. 1257, title IV, § 404, 68 Stat. 1167, provided for running mates. See [section 14306 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14306&num=0&edition=prelim).
Section 1305, acts Sept. 3, 1954, ch. 1257, title IV, § 405, 68 Stat. 1168; June 30, 1955, ch. 247, § 3(c), (d), 69 Stat. 218, related to eligibility for promotion. See sections 14001 et seq., 14306, and 14501 et seq. of Title 10.
Section 1306, act Sept. 3, 1954, ch. 1257, title IV, § 406, 68 Stat. 1168, related to applicability of laws relating to eligibility for promotion of Regular officers. See sections 14001 et seq. and 14308 of Title 10, Armed Forces and [section 209 of Title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section209&num=0&edition=prelim), Pay and Allowances of the Uniformed Services.
Section 1307, act Sept. 3, 1954, ch. 1257, title IV, § 407, 68 Stat. 1169, related to restriction on applicability of subchapter to officers on active status. See
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 1301 to 1314
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Federal law — U.S. Code and appendices · legal_authorities
Page 24
TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED
SERVICES
§ 206a
§ 206a. Pay of members of reserve components
for inactive-duty training to obtain or main-
tain an aeronautical rating or designation
Under regulations prescribed by the Secretary
concerned, a member of the National Guard or a
member of a reserve component of a uniformed
service who is receiving aviation incentive pay
under section 334(a) of this title and is entitled
to compensation under section 206 of this title is
entitled to such compensation for a number of
periods of inactive-duty training each month
sufficient for the member to obtain or maintain
an aeronautical rating or designation.
(Added Pub. L. 118–31, div. A, title VI, § 602(a),
Dec. 22, 2023, 137 Stat. 289.)
§ 207. Band leaders
(a) The leader of the Army Band is entitled to
the basic pay of a captain in the Army.
(b) The leader of the United States Navy Band
is entitled to the basic pay of a lieutenant in the
Navy.
(c) A member of the Marine Corps who is ap-
pointed as director or assistant director of the
United States Marine Band under section 8287 of
title 10 is entitled, while serving thereunder,
only to the basic pay of an officer in the grade
in which he is serving. However, his basic pay
may not be less that to which he was entitled at
the time of his appointment under that section.
(d) The leader of the Naval Academy Band is
entitled to the basic pay of the grade the Sec-
retary of the Navy prescribes. The second leader
is entitled to the basic pay of a warrant officer,
W–1.
(e) The director of the Coast Guard Band is en-
titled to the basic pay of an officer in the grade
in which he is serving. However, his basic pay
may not be less than that to which he was enti-
tled at the time of his appoin
Source: Supplied 2024 U.S. Code historical extraction · 37 U.S.C. § 209
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general**
(1) Commissioned officers, warrant officers, pay clerks, enlisted men, and aviation cadets of the Regular Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, and the Environmental Science Services Administration; 11 See Transfer of Functions note below. cadets, United States Military Academy; midshipmen, United States Naval Academy; cadets, United States Air Force Academy; cadets, United States Coast Guard Academy; midshipmen, Merchant Marine Reserve, members of the United States Navy Reserve; students enrolled in an officer procurement program at military colleges the curriculum of which is approved by the Secretary of Defense; members of the reserve components of the Armed Forces and the Coast Guard, while on active duty; and foreign diplomatic representatives, technical attachés of foreign embassies and legations, consuls general, consuls, vice consuls and other consular agents of foreign countries who are not citizens of the United States, and members of their families, and persons in other categories to be specified by the President who are not citizens of the United States, shall not be required to be registered under [section 3802 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3802&num=0&edition=prelim) and shall be relieved from liability for training and service under [section 3803 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3803&num=0&edition=prelim), except that aliens admitted for permanent residence in the United States shall not be so exempted: Provided, That any alien lawfully admitted for permanent residence as defined in paragraph (20) of [section 1101(a) of title 8](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-ti
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3806
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Federal law — U.S. Code and appendices · legal_authorities
Page 957
TITLE 50—WAR AND NATIONAL DEFENSE
§ 3806
1 See Transfer of Functions note below.
istrants who prior to January 1, 1970, shall have at-
tained their nineteenth year of age but not their twen-
ty-sixth
and
who
are
not
volunteers
and
not
delinquents. New random selection sequences shall be
established, in a similar manner, for registrants who
attain their nineteenth year of age on or after January
1, 1970.
The random sequence number determined for any reg-
istrant shall apply to him so long as he remains subject
to induction for military training and service by ran-
dom selection.
IN WITNESS WHEREOF, I have hereunto set my
hand this twenty-sixth day of November, in the year of
our Lord nineteen hundred and sixty-nine, and of the
Independence of the United States of America the one
hundred and ninety-fourth.
RICHARD NIXON.
§ 3806. Deferments and exemptions from training
and service
(a) In general
(1) Commissioned officers, warrant officers,
pay clerks, enlisted men, and aviation cadets of
the Regular Army, the Navy, the Air Force, the
Marine Corps, the Coast Guard, and the Environ-
mental Science Services Administration; 1 ca-
dets, United States Military Academy; mid-
shipmen, United States Naval Academy; cadets,
United States Air Force Academy; cadets,
United States Coast Guard Academy; mid-
shipmen, Merchant Marine Reserve, members of
the United States Navy Reserve; students en-
rolled in an officer procurement program at
military colleges the curriculum of which is ap-
proved by the Secretary of Defense; members of
the reserve components of the Armed Forces and
the Coast Guard, while on active duty; and for-
eign
diplomatic
representatives,
technical
attache´s of foreign embassies and legations, con-
suls general, consuls, v
Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 3806
Stored review status: historical_2024_not_currentness_verified. The source passage cites 50 U.S.C. § 3806. This identifies an authority to review, not proof of applicability.