10 U.S.C. § 2103 — Eligibility for membership

Page 1664 TITLE 10—ARMED FORCES § 2103 in the program shall be elective or compulsory as provided by State law or the authorities of the institution concerned. (d) The President shall cause to be established and maintained in each State at least one unit of the program if— (1) a unit is requested by an educational in- stitution in the State; (2) such request is approved by the Governor of the State in which the institution request- ing the unit is located; and (3) the Secretary of the military department concerned determines that there will be not less than 40 students enrolled in such unit and that the provisions of this section are other- wise satisfied. (Added Pub. L. 88–647, title II, § 201(1), Oct. 13, 1964, 78 Stat. 1065; amended Pub. L. 95–79, title VI, § 602, July 30, 1977, 91 Stat. 332; Pub. L. 116–283, div. A, title IX, § 924(b)(3)(BB), Jan. 1, 2021, 134 Stat. 3822.) Editorial Notes AMENDMENTS 2021—Subsec. (a). Pub. L. 116–283 substituted ‘‘Marine Corps, or Space Force’’ for ‘‘or Marine Corps’’. 1977—Subsec. (d). Pub. L. 95–79 added subsec. (d). Statutory Notes and Related Subsidiaries MILITARY TRAINING FOR FEMALE UNDERGRADUATES AT MILITARY COLLEGES; REGULATIONS Pub. L. 95–485, title VIII, § 809, Oct. 20, 1978, 92 Stat. 1623, directed the Secretary of Defense to require that any college or university designated as a military col- lege provide that qualified female undergraduate stu- dents be eligible to participate in military training at such college or university, and prohibited the Sec- retary from requiring such college or university to re- quire female undergraduate students enrolled in such college or university to participate in military train- ing, prior to repeal by Pub. L. 98–525, title XIV, §§ 1403(b), 1404, Oct. 19, 1984, 98 Stat. 2621, eff. Oct. 1, 1985. See section 2009 of this title. Executive Documents DELEGATION OF FUNCTIONS Functions of President under subsec. (a) of this sec- tion delegated to Secretary of Defense, see section 1(10) of Ex. Ord. No. 11390, Jan. 22, 1968, 33 F.R. 841, set out as a note under section 301 of Title 3, The President. § 2103. Eligibility for membership (a) To be eligible for membership in the pro- gram a person must be a student at an institu- tion where a unit of the Senior Reserve Officers’ Training Corps is established. However, a stu- dent at an institution that does not have a unit of the Corps is eligible, if otherwise qualified, to be a member of a unit at another institution. (b) Persons from foreign countries may be en- rolled as members of the program when their en- rollment is approved by the Secretary of the military department concerned under criteria approved by the Secretary of State. (c) A medical, dental, pharmacy, veterinary, or sciences allied to medicine, student may be admitted to a unit of the program for a course of training consisting of 90 hours of instruction a year for four academic years. (d) Under such conditions as the Secretary of the military department concerned may pre- scribe, a medical, dental, pharmacy, veterinary, or sciences allied to medicine, student who is a commissioned officer of a reserve component of an armed force may be admitted to and trained in a unit of the program. (e) An educational institution at which a unit of the program has been established shall give priority for enrollment in the program to stu- dents who are eligible for advanced training under section 2104 of this title. (Added Pub. L. 88–647, title II, § 201(1), Oct. 13, 1964, 78 Stat. 1065; amended Pub. L. 104–201, div. A, title V, § 551(a)(1), Sept. 23, 1996, 110 Stat. 2525.) Editorial Notes AMENDMENTS 1996—Subsec. (e). Pub. L. 104–201 added subsec. (e). § 2103a. Students not eligible for advanced train- ing: commitment to military service (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 ad- vanced training under section 2104 of this title and is not a cadet or midshipman appointed under section 2107 of this title may— (1) contract with the Secretary of the mili- tary department concerned, or the Secretary’s designated representative, to serve for the pe- riod required by the program; and (2) agree in writing to accept an appoint- ment, 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 sub- sistence allowance under section 209(c) of title 37) only if the person— (1) is a citizen of the United States; (2) enlists in an armed force under the juris- diction of the Secretary of the military de- partment 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 Sec- retary. (c) PARENTAL CONSENT FOR MINORS.—A mem- ber 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. (Added Pub. L. 108–136, div. A, title V, § 523(b)(1), Nov. 24, 2003, 117 Stat. 1464; amended Pub. L. 108–375, div. A, title V, § 525, Oct. 28, 2004, 118 Stat. 1889; Pub. L. 109–364, div. A, title X, § 1071(a)(10), Oct. 17, 2006, 120 Stat. 2398; Pub. L. 116–283, div. A, title IX, § 924(b)(3)(CC), Jan. 1, 2021, 134 Stat. 3822.)