§ 2101. Definitions

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1964

   Reserve Officers’ Training Corps Vitalization Act of 1964

   Pub. L. 88–647 title II § 201(1) · 78 Stat. 1063

   Enacted · 10 U.S.C. § 2101

   Added Pub. L. 88–647, title II, § 201(1), Oct. 13, 1964, 78 Stat. 1064

   Source evidence

   Code source credit
   Added Pub. L. 88–647, title II, § 201(1), Oct. 13, 1964, 78 Stat. 1064

   Enacted provision · exact public law section
   (1) Subtitle A is amended by adding the following new chapter after chapter 102: “CHAPTER 103.— SENIOR RESERVE OFFICERS’ TRAINING CORPS “Sec. “2101. Definitions. “2102. Establishment. “2103. Eligibility for membership. “2104. Advanced training; eligibility for. “2105. Advanced training; failure to complete or to accept commission. “2106. Advanced training; commission on completion. “2107. Financial assistance program for specially selected members. “2108. Advanced standing; interruption of training; delay in starting obligated service; release from program. “2109. Field training; practice cruises. “2110. Logistical support. “2111. Personnel: administrators and Instructors. “§ 2101. Definitions “In this chapter— “(1) ‘program’ means the Senior Reserve Officers’ Training Corps of an armed force; “(2) ‘member of the program’ means a student who is enrolled in the Senior Reserve Officers’ Training Corps of an armed force; and “(3) ‘advanced training’ means the training and instruction offered in the Senior Reserve Officers’ Training Corps to students in the third and fourth years of a four-year Senior Reserve Officers’ Training Corps course, or the equivalent period of training in an approved two-year Senior Reserve Officers’ Training Corps course. “§ 2102. Establishment “(a) For the purpose of preparing selected students for commissioned service in the Army, Navy, Air Force, or Marine Corps, the Secretary of each military department, under regulations prescribed by the President, may establish and maintain a Senior Reserve Officers’ Training Corps program, organized into one or more units, at any accredited civilian educational institution authorized to grant baccalaureate degrees, and at any school essentially military that does not confer baccalaureate degrees, upon the request of the authorities at that institution. “(b) No unit may be established or maintained at an institution unless— “(1) the senior commissioned officer of the armed force concerned who is assigned to the program at that institution is given the academic rank of professor; “(2) the institution fulfills the terms of its agreement with the Secretary of the military department concerned; and “(3) the institution adopts, as a part of its curriculum, a four-year course of military instruction or a two-year course of advanced training of military instruction, or both, which the Secretary of the military department concerned prescribes and conducts, “(c) At those institutions where a unit of the program is established membership of students in the program shall be elective or compulsory as provided by State law or the authorities of the institution concerned. “§ 2103. Eligibility for membership “(a) To be eligible for membership in the program a person must be a student at an institution where a unit of the Senior Reserve Officers’ Training Corps is established. However, a student 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 enrolled as members of the program when their enrollment 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 prescribe, 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. “§ 2104. Advanced training; eligibility for “(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, who have two academic years remaining at such educational institution. “(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 a reserve component of 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, or Marine Corps, as the case may be, and that he will serve in the armed forces for the period prescribed by the Secretary; and “(6) complete successfully— “(A) the first two years of a four-year Senior Reserve Officers’ Training Corps course; or “(B) field training or a practice cruise of not less than six weeks’ duration which is prescribed by the Secretary concerned as a preliminary requirement for admission to the advanced course. “(c) A member of the program who is ineligible under subsection (b) for advanced training shall be released from the program. “(d) This section does not apply to cadets and midshipmen appointed under section 2107, or foreign students enrolled tinder section 2103(b), of this title. “§ 2105. Advanced training; failure to complete or to accept commission “A member of the program who is selected for advanced training under section 2104 of this title, and who does not complete the course of instruction, or who completes the course but declines to accept a commission when offered, may be ordered to active duty by the Secretary of the military department concerned to serve hi Ids enlisted grade or rating for such period of time as the Secretary prescribes but not for more than two years. “§ 2106. Advanced training; commission on completion “(a) Upon satisfactorily completing the academic and military requirements of the program of advanced training, a member of the program who was selected for advanced training under section 2104 of this title may be appointed as a regular or reserve officer in the appropriate armed force in the grade of second lieutenant or ensign, even though he is under 21 years of age. “(b) The date of rank of officers appointed under this section in May or June of any year is the date of graduation of cadets or midshipmen from the United States Military Academy, the United States Naval Academy, or the United States Air Force Academy, as the case may be, in that year. The Secretary of the military department concerned shall establish the date of rank of all other officers appointed under this section. “(c) In computing length of service for any purpose, an officer appointed under this section may not be credited with enlisted service for the period covered by his advanced training. “§ 2107. Financial assistance program for specially selected members “(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 25 years of age on June 30 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, or Marine Corps, as the case may be. However, a member whose enrollment in the Senior Reserve Officers’ Training Corps program contemplates less than four years of participation in the program may not he appointed a cadet or midshipman under this section, or receive any financial assistance authorized by this section. “(b) To be eligible for appointment as a cadet or midshipman under Eligibility for appointment. this section a member must— “(1) be a citizen 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 the armed force in which he is appointed as a cadet or midshipman 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; “(5) agree in writing that he will accept an appointment, if offered, as a commissioned officer in the Army, Navy, Air Force, or Marine Corps, 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 that armed force and not resign before that anniversary; and “(6) agree in writing to serve on active duty for four or more years. “(c) The Secretary of the military department concerned may provide for the payment of all expenses in his department of administering the financial assistance program under this section, including tuition, fees, books, and laboratory expenses. “(d) Upon satisfactorily completing the academic and military requirements of the four-year program, a cadet or midshipman may be appointed as a regular or reserve officer in the appropriate armed force in the grade of second lieutenant or ensign, 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 or midshipmen from the United States Military Academy, the United States Naval Academy, or the United States Air Force Academy, as the case may be in that year. The Secretary of the military department concerned shall establish the date of rank of all other officers appointed under this section. “(f) A cadet or midshipman who does not complete the four-year course of instruction, or who completes the course but declines to accept a commission when offered, may be ordered to active duty by the Secretary of the military department concerned to serve in his enlisted grade or rating for such period of time as the Secretary prescribes but not for more than four years. “(g) In computing length of service for any purpose, an officer appointed under this section may not be credited with service either as a cadet or midshipman or concurrent enlisted service. “(h) Not more than the following numbers of cadets and midshipmen appointed under section 2107 of this title may be in the financial assistance programs at any one time: “Army program: 5,500. “Navy program: 5,500. “Air Force program: 5,500. “§ 2108. Advanced standing; interruption of training; delay in starting obligated service; release 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 program 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 equivalent 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 prescribed course of military instruction, including field training and practice cruises, any person found qualified on the basis of his previous education, military experience, or both. “(d) A person may become, remain, or be readmitted 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 prescribed by the Secretary of the military department concerned. If a member of the program has been accepted for resident graduate or professional study, the Secretary of the military department concerned may delay the commencement of that member’s obligated period of active duty until the member has completed that study. “(e) The Secretary of the military department concerned may, when he determines that the interest of the service so requires, release any person from the program and discharge him from his armed force. “§ 2109. Field training; practice cruises “(a) For the further practical instruction of members of the program, the Secretary of the military department concerned may prescribe and conduct field training and practice cruises (other than field training and practice cruises prescribed under section 2104(b)(6)(B) of this title) which members must complete before they are commissioned. “(b) The Secretary of the military department concerned may— “(1) transport members of the program to and from the places designated for field 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 S laces 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 the program while attending field training and practice cruises, and admit them to military hospitals; “(3) furnish subsistence, uniform clothing, and equipment to members of the program while attending field training or practice cruises or, instead of furnishing uniform clothing, pay them allowances at such rates as he may prescribe; “(4) use any member of an armed force, or any employee of the department, under his jurisdiction, and such property of the United States as be considers necessary, for the training and administration of members of the program at the places designated for training or practice cruises. “§ 2110. Logistical support “(a) The Secretary of the military department concerned may issue to institutions having units of the program or to the officers of the armed force concerned who are designated as accountable or responsible for such property— “(1) supplies, means pf transportation including aircraft, arms and ammunition, and military textbooks and education materials; and “(2) uniform clothing, except that he may pay monetary allowances for uniform clothing at such rate as he may prescribe. “(b) The Secretary of the military department concerned may provide, or contract with civilian flying or aviation schools or educational institutions to provide, the personnel, aircraft, supplies, facilities, services, and instruction necessary for flight instruction and orientation for properly designated members of the program. The Secretary of each military department shall report, to Congress in January of each year on the progress of the flight instruction program. “(c) The Secretary of the military department concerned may transport members of, and designated applicants for membership in, the program to and from installations when it is necessary for them to undergo medical or other examinations or for the purposes of making visits of observation. He may also furnish them subsistence, quarters, and necessary medical care, including hospitalization, while they are at, or traveling to or from, such an installation. “(d) The Secretary of the military department concerned may authorize members of, and designated applicants for membership in, the program to participate in aerial flights in military aircraft and in indoctrination cruises in naval vessels. “(e) The Secretary of the military department concerned may authorize such expenditures as he considers necessary for the efficient maintenance of the program. “(f) The Secretary of the military department concerned shall require, from each institution to which property is issued under subsection (a), a bond or other indemnity in such amount as he considers adequate, but not less than $5,000, for the care and safekeeping of all property so issued except uniforms, expendable articles, and supplies expended in operation, maintenance, and instruction. The Secretary may accept a bond without surety if the institution to which the property is issued furnishes to him satisfactory evidence of its financial responsibility. “§ 2111. Personnel: administrators and instructors “The Secretary of the military department concerned may detail regular or reserve members of an armed force under his jurisdiction (including retired members and members of the Fleet Reserve and Fleet Marine Corps Reserve recalled to active duty with their consent) for instructional and administrative duties at educational institutions where units of the program are maintained.”

2. 1983

   Department of Defense Authorization Act, 1984

   Pub. L. 98–94 § 1268(11)(A) · 97 Stat. 614

   Substituted · 10 U.S.C. § 2101

   Pub. L. 98–94, § 1268(11)(A), substituted a colon for a dash after “In this chapter” in provision preceding par. (1)

   Source evidence

   Code amendment note
   Pub. L. 98–94, § 1268(11)(A), substituted a colon for a dash after “In this chapter” in provision preceding par. (1).

3. 1983

   Department of Defense Authorization Act, 1984

   Pub. L. 98–94 § 1268(11)(B) · 97 Stat. 614

   Substituted · 10 U.S.C. § 2101(1)

   Pub. L. 98–94, § 1268(11)(B), (C), substituted “Program” for “program” and a period for a semicolon after “armed force”

   Source evidence

   Code amendment note
   Par. (1). Pub. L. 98–94, § 1268(11)(B), (C), substituted “Program” for “program” and a period for a semicolon after “armed force”.

4. 1983

   Department of Defense Authorization Act, 1984

   Pub. L. 98–94 § 1268(11)(D) · 97 Stat. 614

   Substituted · 10 U.S.C. § 2101(2)

   Pub. L. 98–94, § 1268(11)(D), (E), substituted “Member” for “member”, and a period for “; and” after “armed force”

   Source evidence

   Code amendment note
   Par. (2). Pub. L. 98–94, § 1268(11)(D), (E), substituted “Member” for “member”, and a period for “; and” after “armed force”.

5. 1983

   Department of Defense Authorization Act, 1984

   Pub. L. 98–94 § 1268(11)(F) · 97 Stat. 614

   Substituted · 10 U.S.C. § 2101(3)

   Pub. L. 98–94, § 1268(11)(F), substituted “Advanced” for “advanced”

   Source evidence

   Code amendment note
   Par. (3). Pub. L. 98–94, § 1268(11)(F), substituted “Advanced” for “advanced”.

6. 1983

   Department of Defense Authorization Act, 1984

   Pub. L. 98–94 § 1003(a)(1) · 97 Stat. 614

   Inserted · 10 U.S.C. § 2101(3)

   Pub. L. 98–94, § 1003(a)(1), inserted parenthetical provision relating to a fifth academic year or a combination of a fifth academic year and summer sessions

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 98–94, § 1003(a)(1), inserted parenthetical provision relating to a fifth academic year or a combination of a fifth academic year and summer sessions.

7. 1987

   National Defense Authorization Act for Fiscal Years 1988 and 1989

   Pub. L. 100–180 div. A title XII § 1231(17) · 101 Stat. 1019

   1. Inserted · 10 U.S.C. § 2101

      Pub. L. 100–180, in pars. (1) to (3), inserted “The term” after each par. designation

   2. Struck · 10 U.S.C. § 2101

      Pub. L. 100–180, in pars. (1) to (3), struck out uppercase letter of first word after first quotation marks in each par.

   3. Substituted · 10 U.S.C. § 2101

      Pub. L. 100–180, in pars. (1) to (3), substituted lowercase letter

   Source evidence

   Code amendment note
   Pub. L. 100–180, in pars. (1) to (3), inserted “The term” after each par. designation, and struck out uppercase letter of first word after first quotation marks in each par. and substituted lowercase letter.

   Enacted provision · exact public law section
   (17) Sections 801, 1447, 2005(e), 2101, 2147(d), 2393(c), 2687(e), and 9511 are amended— (A) by inserting “The term” in each paragraph (other than paragraph (2) of section 801) after the paragraph designation; and (B) by revising the first word after the first quotation marks in each paragraph (other than paragraph (2) of section 801, paragraph (1) of section 1447, and paragraphs (7) and (11) of section 9511) so that the initial letter of such word is lower case.

8. 1996

   National Defense Authorization Act for Fiscal Year 1997

   Pub. L. 104–201 div. A title V § 553(b) · 110 Stat. 2422

   Inserted · 10 U.S.C. § 2101(3)

   Pub. L. 104–201 inserted “students enrolled in an advanced education program beyond the baccalaureate degree level or to” after “Training Corps to”

   Source evidence

   Code amendment note
   Par. (3). Pub. L. 104–201 inserted “students enrolled in an advanced education program beyond the baccalaureate degree level or to” after “Training Corps to”.

   Enacted provision · exact public law section
   (b) Authority To Enroll in Advanced Training Program.— Paragraph (3) of section 2101 of title 10, United States Code, is amended by inserting “students enrolled in an advanced education program beyond the baccalaureate degree level or to” after “instruction offered in the Senior Reserve Officers’ Training Corps to”.

5 of 10 references resolved to an enrolled provision · 5 partial