§ 209. — Members of precommissioning programs.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 37USC209]
TITLE 37--PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
CHAPTER 3--BASIC PAY
Sec. 209. Members of precommissioning programs
(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. App. 456(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) 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.
(d) 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.
(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; Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec. 612(b),
(c)], Oct. 30, 2000, 114 Stat. 1654, 1654A-150; Pub. L. 107-107, div. A,
title V, Sec. 535(b), Dec. 28, 2001, 115 Stat. 1107; Pub. L. 107-314,
div. A, title X, Sec. 1062(g)(2), Dec. 2, 2002, 116 Stat. 2651.)
Historical and Revision Notes
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Revised section Source (U.S. Code) Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
209(a)................................ 10:6904(b). [None.]
209(b)................................ 10:6905(b). [None.]
209(c)................................ 10:6906(c) (1st sentence, as [None.]
applicable to pay).
----------------------------------------------------------------------------------------------------------------
Amendments
2002--Subsec. (d). Pub. L. 107-314 amended Pub. L. 106-398, Sec. 1
[[div. A], title VI, Sec. 612(c)(4)(B)]. See 2000 Amendment note below.
2001--Subsec. (c). Pub. L. 107-107 inserted before period at end ``,
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''.
2000--Subsec. (a). Pub. L. 106-398, Sec. 1 [[div. A], title VI,
Sec. 612(b), (c)(1)], inserted heading, designated first sentence as
par. (1), substituted ``monthly subsistence allowance at a rate
prescribed under paragraph (2)'' for ``subsistence allowance of $200 a
month'', added par. (2), designated last sentence as par. (3), and
substituted ``A subsistence'' for ``Subsistence''.
Subsec. (b). Pub. L. 106-398, Sec. 1 [[div. A], title VI,
Sec. 612(c)(2)], inserted heading and substituted ``at a rate prescribed
under subsection (a)'' for ``in the amount provided in subsection (a)''
in text.
Subsec. (c). Pub. L. 106-398, Sec. 1 [[div. A], title VI,
Sec. 612(c)(3)], inserted heading.
Subsec. (d). Pub. L. 106-398, Sec. 1 [[div. A], title VI,
Sec. 612(c)(4)(B)], as amended by Pub. L. 107-314, substituted ``a
monthly rate prescribed under subsection (a)'' for ``the same rate as
that prescribed by subsection (a)''.
Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec. 612(c)(4)(A)],
inserted heading.
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 2002 Amendment
Pub. L. 107-314, div. A, title X, Sec. 1062(g), Dec. 2, 2002, 116
Stat. 2651, provided that the amendment made by section 1062(g)(2) is
effective as of Oct. 30, 2000, and as if included in Pub. L. 106-398 as
enacted.
Effective Date of 2000 Amendment
Amendment by section 1 [[div. A], title VI, Sec. 612(b)] of Pub. L.
106-398 effective Oct. 1, 2001, see section 1 [[div. A], title VI,
Sec. 612(d)] of Pub. L. 106-398, set out as a note under section 203 of
this title.
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.
