37 U.S.C. § 209 — Members of precommissioning programs

submitted 64 years ago by Pub. L. 87-649 to r/title-37-PAY-AND-ALLOWANCES-OF-THE-UNIFORMED-SERVICES · 579 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law sets monthly subsistence-allowance rates and time limits for cadets and midshipmen in various Senior ROTC and Marine Corps officer-candidate programs. It also gives training-cruise pay to ROTC members and applicants attending required field training.

(a) A Senior ROTC member picked for advanced training gets a monthly subsistence allowance — between $250 and $674, at a rate the Secretary of Defense sets by regulation — starting the day advanced training begins and ending when the training is finished, up to a maximum of 30 months, except while on active duty. This allowance doesn't count as financial assistance that would trigger extra required service under the Military Selective Service Act. (b) A cadet or midshipman appointed into the reserves under the relevant Title 10 section gets the same kind of monthly allowance. Someone in the first two years of a four-year program can get it for up to twenty months; someone in the advanced course gets it under the same rules as subsection (a). (c) A Senior ROTC member without a scholarship, who has signed the required agreement but isn't yet in advanced training, also gets the subsection (a) allowance, for up to 20 months. (d) Cadets and midshipmen attending required training or practice cruises of at least four weeks — which must be completed before they're commissioned — and applicants attending field training or practice cruises needed to qualify for advanced training, get pay at the same rate as cadets and midshipmen at the U.S. service academies, except that a cadet or midshipman who is already a regular-component service member gets their normal basic pay rate instead. (e) A member of a Marine Corps officer candidate program that requires a college degree, and who isn't in a ROTC or service academy program, may be paid the same subsistence allowance as an advanced Senior ROTC member, except while on active duty.

the actual law source: uscode.house.gov ↗public domain

(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 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)).

(b)Senior ROTC Members Appointed in Reserves.—

Except when on active duty, a cadet or midshipman appointed under section 2107 of title 10 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 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 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 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, 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.

(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.

Source credit: (Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 461; Pub. L. 88–647, title II, § 202(2), Oct. 13, 1964, 78 Stat. 1070; Pub. L. 89–51, § 3, June 28, 1965, 79 Stat. 173; Pub. L. 89–718, § 51, Nov. 2, 1966, 80 Stat. 1121; Pub. L. 92–171, § 1, Nov. 24, 1971, 85 Stat. 490; Pub. L. 95–79, title III, § 302(a)(3), July 30, 1977, 91 Stat. 326; Pub. L. 96–342, title VIII, § 811(a), Sept. 8, 1980, 94 Stat. 1098; Pub. L. 96–513, title V, § 516(4), Dec. 12, 1980, 94 Stat. 2938; Pub. L. 96–579, § 8, Dec. 23, 1980, 94 Stat. 3368; Pub. L. 98–94, title X, § 1003(a)(4), Sept. 24, 1983, 97 Stat. 656; Pub. L. 100–456, div. A, title VI, § 633(d), Sept. 29, 1988, 102 Stat. 1987; Pub. L. 101–189, div. A, title VI, § 653(d), Nov. 29, 1989, 103 Stat. 1462; Pub. L. 102–25, title VII, § 702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 103–337, div. A, title VI, § 603(a), Oct. 5, 1994, 108 Stat. 2782; Pub. L. 106–65, div. A, title V, § 546(a), Oct. 5, 1999, 113 Stat. 608; Pub. L. 106–398, § 1 [[div. A], title VI, § 612(b), (c)], Oct. 30, 2000, 114 Stat. 1654, 1654A–150; Pub. L. 107–107, div. A, title V, § 535(b), Dec. 28, 2001, 115 Stat. 1107; Pub. L. 107–314, div. A, title X, § 1062(g)(2), Dec. 2, 2002, 116 Stat. 2651; Pub. L. 108–136, div. A, title V, § 523(a), Nov. 24, 2003, 117 Stat. 1463; Pub. L. 114–328, div. A, title X, § 1081(b)(1)(B), Dec. 23, 2016, 130 Stat. 2418.)

history & why it existsrecord from the source credit

1962Enacted · Pub. L. 87-649 · 76 Stat. 461
1964Amended · Pub. L. 88-647 · 78 Stat. 1070
1965Amended · Pub. L. 89-51 · 79 Stat. 173
1966Amended · Pub. L. 89-718 · 80 Stat. 1121
1971Amended · Pub. L. 92-171 · 85 Stat. 490
1977Amended · Pub. L. 95-79 · 91 Stat. 326
1980Amended · Pub. L. 96-342 · 94 Stat. 1098
1980Amended · Pub. L. 96-513 · 94 Stat. 2938
1980Amended · Pub. L. 96-579 · 94 Stat. 3368
1983Amended · Pub. L. 98-94 · 97 Stat. 656
1988Amended · Pub. L. 100-456 · 102 Stat. 1987
1989Amended · Pub. L. 101-189 · 103 Stat. 1462
1991Amended · Pub. L. 102-25 · 105 Stat. 117
1994Amended · Pub. L. 103-337 · 108 Stat. 2782
1999Amended · Pub. L. 106-65 · 113 Stat. 608
2000Amended · Pub. L. 106-398 · 114 Stat. 1654, 1654
2001Amended · Pub. L. 107-107 · 115 Stat. 1107
2002Amended · Pub. L. 107-314 · 116 Stat. 2651
2003Amended · Pub. L. 108-136 · 117 Stat. 1463
2016Amended · Pub. L. 114-328 · 130 Stat. 2418

A history note hasn’t been published yet. The record shows enactment by Pub. L. 87-649 on 1962-09-07.

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