10 U.S.C. § 2107a — Financial assistance program for spe-

Page 1671 TITLE 10—ARMED FORCES § 2107a LIEUTENANT HENRY OSSIAN FLIPPER LEADERSHIP SCHOLARSHIPS Pub. L. 115–91, div. A, title V, § 548, Dec. 12, 2017, 131 Stat. 1398, provided that: ‘‘(a) IN GENERAL.—The Secretary of the Army shall designate a number of scholarships under the Army Senior Reserve Officers’ Training Corps (SROTC) pro- gram that are available to students at minority-serving institutions as ‘Lieutenant Henry Ossian Flipper Lead- ership Scholarships’. ‘‘(b) NUMBER DESIGNATED.—The number of scholar- ships designated pursuant to subsection (a) shall be the number the Secretary determines appropriate to in- crease the number of Senior Reserve Officers’ Training Corps scholarships at minority-serving institutions. In making the determination, the Secretary shall give ap- propriate consideration to the following: ‘‘(1) The number of Senior Reserve Officers’ Train- ing Corps scholarships available at all institutions participating in the Senior Reserve Officer’s Training Corps program. ‘‘(2) The number of such minority-serving institu- tions that offer the Senior Reserve Officers’ Training Corps program to their students. ‘‘(c) AMOUNT OF SCHOLARSHIP.—The Secretary may in- crease any scholarship designated pursuant to sub- section (a) to an amount in excess of the amount of the Senior Reserve Officers’ Training Corps program schol- arship that would otherwise be offered at the minority- serving institution concerned if the Secretary con- siders that a scholarship of such increased amount is appropriate for the purpose of the scholarship. ‘‘(d) MINORITY-SERVING INSTITUTION DEFINED.—In this section, the term ‘minority-serving institution’ means an institution of higher education described in section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)).’’ REVIEW REGARDING ALLOCATION OF NAVAL RESERVE OFFICERS’ TRAINING CORPS SCHOLARSHIPS AMONG PARTICIPATING COLLEGES AND UNIVERSITIES Pub. L. 105–261, div. A, title V, § 507, Oct. 17, 1998, 112 Stat. 2004, provided that: ‘‘(a) REVIEW.—The Secretary of the Navy should re- view the process and criteria used to determine the number of Naval Reserve Officer Training Corps (NROTC) scholarship recipients who attend each col- lege and university participating in the NROTC pro- gram 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 allo- cate NROTC scholarships could be changed so as to increase the likelihood that scholarship awardees at- tend the school of their choice while maintaining the Navy’s capability to attain the objectives of the Naval ROTC program to meet the annual require- ment for newly commissioned Navy ensigns and Ma- rine 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 proc- ess of determining the allocation of NROTC scholar- ships 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 at- tend, 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 partici- pating colleges and universities contributes to opti- mizing resources available for the operation of the NROTC program and improving the professional edu- cation of NROTC midshipmen. ‘‘(4) The effects that eliminating the controlled al- location of scholarships to host colleges and univer- sities, entirely or by State, would have on the NROTC program. ‘‘(d) CONSULTATION REQUIREMENT.—In carrying out a review under subsection (a), the Secretary should con- sult with officials of interested associations and of col- leges 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 ac- crue 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 GRAD- UATE STUDENT PARTICIPATION IN FINANCIAL ASSIST- ANCE PROGRAM Pub. L. 104–201, div. A, title V, § 553(c), Sept. 23, 1996, 110 Stat. 2526, directed the Secretary of Defense to sub- mit to Congress a report, not later than Dec. 31, 1998, on the experience to that date under the test program authorized under the amendment to this section made by Pub. L. 104–201, § 553(a)(2). APPLICATION OF ROTC VITALIZATION ACT OF 1964 TO APPOINTEES IN NAVAL RESERVE BEFORE OCTOBER 13, 1964 Pub. L. 89–51, § 1, 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 ap- pointed under Public Law 88–647 [see Short Title note set out under section 2031 of this title], apply to mid- shipmen appointed in the Naval Reserve [now Navy Re- serve] 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. § 2107a. Financial assistance program for spe- cially 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 Na- tional 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 31 years of age on December 31 of the calendar year in which he is eligible under this section for appointment as a second lieuten- ant in the Army Reserve or Army National Guard. (2) To be considered a military college or mili- tary junior college for the purposes of this sec- tion, 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 pur- poses of this section, a military junior college does not confer a baccalaureate degree. (b)(1) To be eligible for appointment as a cadet under this section, a member of the program must— (A) be a citizen or national of the United States; (B) be specially selected for the financial as- sistance program under this section under pro- Page 1672 TITLE 10—ARMED FORCES § 2107a cedures prescribed by the Secretary of the Army; (C) enlist in a reserve component of the Army for the period prescribed by the Sec- retary of the Army; (D) contract, with the consent of his parent or guardian if he is a minor, with the Sec- retary of the Army to serve for the period re- quired by the program; (E) agree in writing that he will accept an appointment, if offered, as a commissioned of- ficer in the Army Reserve or the Army Na- tional Guard of the United States; and (F) 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. (2) 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. (3)(A) Subject to subparagraph (C), in the case of a person described in subparagraph (B), the Secretary may, at any time and with the con- sent of the person, modify an agreement de- scribed in paragraph (1)(F) submitted by the per- son for the purpose of reducing or eliminating the troop program unit service obligation speci- fied in the agreement and to establish, in lieu of that obligation, an active duty service obliga- tion. (B) Subparagraph (A) applies with respect to the following persons: (i) A cadet under this section at a military junior college. (ii) A cadet or former cadet under this sec- tion who is selected under section 2114 of this title to be a medical student at the Uniformed Services University of the Health Sciences. (iii) A cadet or former cadet under this sec- tion who signs an agreement under section 2122 of this title for participation in the Armed Forces Health Professions Scholarship and Financial Assistance program. (C) The modification of an agreement de- scribed in paragraph (1)(F) may be made only if the Secretary determines that it is in the best interests of the United States to do so. (c)(1) The Secretary of the Army shall provide for the payment of all expenses of the Depart- ment 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. (2) In the case of a cadet eligible to receive fi- nancial assistance under paragraph (1), the Sec- retary of the military department concerned may, in lieu of all or part of the financial assist- ance described in paragraph (1), provide finan- cial assistance in the form of room and board ex- penses for such cadet and other expenses re- quired by the educational institution. [(3) Repealed. Pub. L. 109–163, div. A, title V, § 531(b), Jan. 6, 2006, 119 Stat. 3247.] (4)(A) The Secretary of the Army may provide an individual who received a commission as a Reserve officer in the Army from a military jun- ior college through a program under this chap- ter and who does not have a baccalaureate de- gree with financial assistance for pursuit of a baccalaureate degree. (B) Such assistance is in addition to any pro- vided under paragraph (1) or (2). (C) The agreement and reimbursement re- quirements established in section 2005 of this title are applicable to financial assistance under this paragraph. (D) An officer receiving financial assistance under this paragraph shall be attached to a unit of the Army as determined by the Secretary and shall be considered to be a member of the Senior Reserve Officers’ Training Corps on inactive duty for training, as defined in section 101(23) of title 38. (E) A qualified officer who did not previously receive financial assistance under this section is eligible to receive educational assistance under this paragraph. (F) A Reserve officer may not be called or or- dered to active duty for a deployment while par- ticipating in the program under this paragraph. (G) Any service obligation incurred by an offi- cer under an agreement entered into under this paragraph shall be in addition to any service ob- ligation incurred by that officer under any other provision of law or agreement. (d) Upon satisfactorily completing the aca- demic and military requirements of the pro- gram, a cadet may be appointed as a reserve of- ficer in the Army in the grade of second lieuten- ant, 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 Sec- retary 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 pur- pose, an officer appointed under this section may not be credited with service as a cadet or with concurrent enlisted service, other than en- listed service performed after August 1, 1979, as a member of the Selected Reserve. (h) The Secretary of the Army shall appoint each year under this section not less than 22 ca- dets at each military junior college at which there are not less than 22 members of the pro- gram eligible under subsection (b) for such an appointment. At any military junior college at which in any year there are fewer than 22 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. Page 1673 TITLE 10—ARMED FORCES § 2107a (j) Financial assistance provided under this section to a cadet appointed at a military junior college is designated as, and shall be known as, an ‘‘Ike Skelton Early Commissioning Program Scholarship’’. (Added Pub. L. 96–357, § 1(c)(1), Sept. 24, 1980, 94 Stat. 1179; amended Pub. L. 102–190, div. A, title V, § 522(a), (b)(1), Dec. 5, 1991, 105 Stat. 1362; Pub. L. 104–201, div. A, title V, §§ 507(a)(3), 555(a), Sept. 23, 1996, 110 Stat. 2512, 2527; Pub. L. 105–85, div. A, title X, § 1073(a)(36), Nov. 18, 1997, 111 Stat. 1902; Pub. L. 107–107, div. A, title V, §§ 534(b), 536(a), (c), Dec. 28, 2001, 115 Stat. 1106, 1107; Pub. L. 108–136, div. A, title V, §§ 521(b), 522, Nov. 24, 2003, 117 Stat. 1463; Pub. L. 108–375, div. A, title V, § 524(b), Oct. 28, 2004, 118 Stat. 1889; Pub. L. 109–163, div. A, title V, §§ 531(b), 532, 534(b), 536, Jan. 6, 2006, 119 Stat. 3247–3249; Pub. L. 109–364, div. A, title V, § 535, Oct. 17, 2006, 120 Stat. 2207; Pub. L. 110–181, div. A, title V, §§ 522, 523, Jan. 28, 2008, 122 Stat. 102, 103; Pub. L. 111–84, div. A, title V, § 522, Oct. 28, 2009, 123 Stat. 2285.) Editorial Notes AMENDMENTS 2009—Subsec. (h). Pub. L. 111–84 substituted ‘‘22 ca- dets’’ 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 sec- tion 2122 of this title, the Secretary may, at any time and with the consent of the cadet, or former cadet, con- cerned, modify an agreement described in paragraph (1)(F) submitted by the cadet, or former cadet, to re- duce or eliminate the troop program unit service obli- gation specified in the agreement and to establish, in lieu of that obligation, an active duty service obliga- tion. Such a modification may be made only if the Sec- retary 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), in- serted ‘‘or national’’ after ‘‘citizen’’. Subsec. (b)(3). Pub. L. 109–364 inserted ‘‘or a cadet or former cadet under this section who signs an agree- ment 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 finan- cial 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), sub- stituted ‘‘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 intro- ductory provisions of subsec. (b) as introductory provi- sions of par. (1), redesignated former pars. (1) to (6) as subpars. (A) to (F), respectively, of par. (1), redesig- nated 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 col- lege’’ 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), sub- stituted ‘‘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 jun- ior 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’’, sub- stituted ‘‘and meet’’ for ‘‘that does not confer bacca- laureate 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 sec- tion,’’ 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 sec- tion 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 par- ticipation established by the Secretary of the Army by regulation, the Secretary shall appoint additional ca- dets under this section from among members of the program at such military junior college who are eligi- ble 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 appli- cable 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 Sec- retary 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 de- scribed in paragraph (1)(F) of such section (including agreements related to participation in the Advanced Page 1674 TITLE 10—ARMED FORCES § 2108 Course of the Army Reserve Officers’ Training Corps at a military college or civilian institution) that was en- tered 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 DATE Pub. L. 96–357, § 1(e), Sept. 24, 1980, 94 Stat. 1180, pro- vided that: ‘‘The amendments made by this section [en- acting this section and amending sections 2107 and 2108 of this title] shall take effect on October 1, 1980.’’ SAVINGS PROVISION Paragraph (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 sec- tion 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, 1996 No increase in pay or retired or retainer pay to ac- crue 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. § 2108. Advanced standing; interruption of train- ing; delay in starting obligated service; re- lease from program (a) The Secretary of the military department concerned may give to any enlisted member of an armed force under his jurisdiction, or any person who has served on active duty in any armed force, such advanced standing in the pro- gram as may be justified by his education and training. (b) In determining a member’s eligibility for advanced training, the Secretary of the military department concerned may credit him with any military training that is substantially equiva- lent in kind to that prescribed for admission to advanced training and was received while he was taking a course of instruction in a program under the jurisdiction of another armed force or while he was on active duty in the armed forces. (c) The Secretary of the military department concerned may excuse from a portion of the pre- scribed course of military instruction, including field training and practice cruises, any person found qualified on the basis of his previous edu- cation, military experience, or both. (d) A person may become, remain, or be re- admitted as, a member of the advanced training program after receiving a baccalaureate degree or completing pre-professional studies if he has not completed the course of military instruction or all field training or practice cruises pre- scribed by the Secretary of the military depart- ment concerned. If a member of the program has been accepted for resident graduate or profes- sional study, the Secretary of the military de- partment concerned may delay the commence- ment of that member’s obligated period of ac- tive duty, and any obligated period of active duty for training or other service in an active or inactive status in a reserve component, until the member has completed that study. If a cadet appointed under section 2107a of this title has been accepted for a course of study at an accred- ited civilian educational institution authorized to grant baccalaureate degrees, the Secretary of the Army may delay the beginning of that mem- ber’s obligated period of service in a reserve component until the member has completed such course of study. (e) The Secretary of the military department concerned may, when he determines that the in- terest of the service so requires, release any per- son from the program and discharge him from his armed force. (Added Pub. L. 88–647, title II, § 201(1), Oct. 13, 1964, 78 Stat. 1068; amended Pub. L. 96–357, § 1(d), Sept. 24, 1980, 94 Stat. 1180.) Editorial Notes AMENDMENTS 1980—Subsec. (d). Pub. L. 96–357 authorized delay in starting obligated period of active duty for training or other service in an active or inactive status in a re- served component until completion of resident grad- uate or professional study or military junior college studies. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1980 AMENDMENT 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. § 2109. Practical military training (a) For the further practical instruction of members of, and designated applicants for mem- bership in, the program, the Secretary of the military department concerned may prescribe and conduct practical military training, in addi- tion to field training and practice cruises pre- scribed under section 2104(b)(6) of this title. The Secretary concerned may require that some or all of the training prescribed under this sub- section 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, may— (1) transport members of, and designated ap- plicants for membership in, the program to and from the places designated for such train- ing or practice cruises and furnish them sub- sistence while traveling to and from those places, or, instead of furnishing them trans- portation 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 pro- ceed 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 hospitals; (3) furnish subsistence, uniform clothing, and equipment to members of, and designated