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Title 37 — Pay and Allowances of the Uniformed Services

Chapter 3 — Basic Pay

§ 209. Members of precommissioning programs

Statutory text

(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.

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. Pub. L. 87–649 · 76 Stat. 451

    Enacted · 37 U.S.C. § 209

    Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 461

    Source evidence

    Code source credit
    Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 461

  2. Reserve Officers’ Training Corps Vitalization Act of 1964

    Pub. L. 88–647 title II § 202(2) · 78 Stat. 1063

    Substituted · 37 U.S.C. § 209

    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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (2) Section 209 is amended to read as follows: “§ 209. Members of Senior Reserve Officers’ Training Corps “(a) Except when on active duty, a member of the Senior Reserve Officers’ Training Corps who is selected for advanced training under Ante, p. 1065. section 2104 of title 10, United States Code, is entitled to retainer pay at the rate of not less than $40 per month or more than $50 per month 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 twenty months. Retainer pay 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 Universal Military Training and Service 65 Stat. 83. Act, as amended (50 U.S.C. App. 456(d)(1)). “(b) Except when on active duty, a cadet or midshipman appointed under section 2107 of title 10 is entitled to retainer pay 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. “(c) A member of the Senior Reserve Officers’ Training Corps is entitled, while he is attending field training or practice cruises under section 2109 of title 10, to pay at the rate prescribed for cadets and midshipmen at the United States Military, Naval, and Air Force 76 Stat. 453. 37 USC 201. Academies under section 201(c) of this title. An applicant for membership who is attending field training or practice cruises to satisfy the requirement of section 2104(b)(6)(B) of title 10, United States Code, for admission to advanced training is entitled, while so attending, Ante, p. 396. to pay at the rate prescribed in section 203 of this title for enlisted members of the uniformed services in pay grade E–1 (under 4 months).”

  3. Pub. L. 89–51 § 3 · 79 Stat. 173

    Substituted · 37 U.S.C. § 209(a)

    Pub. L. 89–51 substituted “subsistence allowance” and “Subsistence allowance” for “retainer pay” and “Retainer pay”, respectively

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 89–51 substituted “subsistence allowance” and “Subsistence allowance” for “retainer pay” and “Retainer pay”, respectively.

    Enacted provision · exact public law section
    Sec. 3. Section 209 of title 37, United States Code, is amended by striking out the words “retainer pay” and “Retainer pay” wherever they appear in subsections (a) and (b) and inserting the words “subsistence allowance” and “Subsistence allowance” in place thereof, respectively.

  4. Pub. L. 89–51 § 3 · 79 Stat. 173

    Substituted · 37 U.S.C. § 209(b)

    Pub. L. 89–51 substituted “subsistence allowance” for “retainer pay”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 89–51 substituted “subsistence allowance” for “retainer pay”.

    Enacted provision · exact public law section
    Sec. 3. Section 209 of title 37, United States Code, is amended by striking out the words “retainer pay” and “Retainer pay” wherever they appear in subsections (a) and (b) and inserting the words “subsistence allowance” and “Subsistence allowance” in place thereof, respectively.

  5. Pub. L. 89–718 § 51(1) · 80 Stat. 1113

    1. Struck · 37 U.S.C. § 209(a)

      Pub. L. 89–718, § 51(1), struck out “, United States Code,” after “section 2104 of title 10”

    2. Substituted · 37 U.S.C. § 209(a)

      Pub. L. 89–718, § 51(1), substituted “20” for “twenty”

    3. Substituted · 37 U.S.C. § 209(a)

      Pub. L. 89–718, § 51(1), substituted “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))”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 89–718, § 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))”.

    Enacted provision · exact public law section
    (1) by striking out United States Code, “ by striking out “twenty” and inserting in place thereof “20“201D;, and by striking out “section 6(d) (1) of the Universal Military Training and Service Act, as amended (50 U.S.C. App. 456(d)(1))” and inserting in place thereof “section 456(d)(1) of title 50, appendix”, in subsection (a); and

  6. Pub. L. 89–718 § 51(2) · 80 Stat. 1113

    Struck · 37 U.S.C. § 209(c)

    Pub. L. 89–718, § 51(2), struck out “, United States Code,” after “section 2104(b)(6)(B) of title 10”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 89–718, § 51(2), struck out “, United States Code,” after “section 2104(b)(6)(B) of title 10”.

    Enacted provision · exact public law section
    (2) by striking out “, United States Code,” in subsection (c).

  7. Pub. L. 92–171 § 1(1) · 85 Stat. 490

    Substituted · 37 U.S.C. § 209(a)

    Pub. L. 92–171, § 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”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 92–171, § 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”.

    Enacted provision · exact public law section
    (1) By striking out “subsistence allowance at the rate of not less than $40 per month or more than $50 per month” in the first sentence of subsection (a) and inserting in place thereof “a subsistence allowance of $100 a month”.

  8. Pub. L. 92–171 § 1(2) · 85 Stat. 490

    Substituted · 37 U.S.C. § 209(b)

    Pub. L. 92–171, § 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.”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 92–171, § 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.”

    Enacted provision · exact public law section
    (1) By striking out “subsistence allowance at the rate of not less than $40 per month or more than $50 per month” in the first sentence of subsection (a) and inserting in place thereof “a subsistence allowance of $100 a month”.

  9. Pub. L. 95–79 § 302(a)(3)(B) · 91 Stat. 323

    Substituted · 37 U.S.C. § 209

    Pub. L. 95–79, § 302(a)(3)(B), substituted “Members of precommissioning programs” for “Members of Senior Reserve Officers’ Training Corps” in section catchline

    Source evidence

    Code amendment note
    Pub. L. 95–79, § 302(a)(3)(B), substituted “Members of precommissioning programs” for “Members of Senior Reserve Officers’ Training Corps” in section catchline.

    Enacted provision · exact public law section
    (B) The heading of such section 209 is amended to read as follows: “§209. Members of precommissioning programs”.

  10. Pub. L. 95–79 § 302(a)(3)(A) · 91 Stat. 323

    Substituted · 37 U.S.C. § 209(c)

    Pub. L. 95–79, § 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

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 95–79, § 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.

    Enacted provision · exact public law section
    (A) Section 209(c) of such title is amended to read as follows: “(c) Each cadet or midshipman in the Senior Reserve Officers’ Training Corps, while he is attending field training or practice cruises under section 2109 of title 10, 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 Supra. Academies under section 203(c) of this title.”.

  11. Department of Defense Authorization Act, 1981

    Pub. L. 96–342 title VIII § 811(a) · 94 Stat. 1077

    Added · 37 U.S.C. § 209(d)

    Pub. L. 96–342 added subsec. (d)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 96–342 added subsec. (d).

    Enacted provision · exact public law section
    (a) Section 209 of title 37, United States Code, relating to members of precommissioning programs, is amended by adding at the end thereof the following new subsection: “(d) (1) 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 10 USC 2101 et seq. 10 USC 4331 et seq., 6951 et seq., 9331 et seq. 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 the same rate as that prescribed by subsection (a) of this section for a member of the Senior Reserve Officers’ Training Corps who is selected for advanced training under section 2104 of title 10. “(2) No subsistence allowance may be paid under paragraph (1) of this subsection for any period after September 30, 1982.”.

  12. Defense Officer Personnel Management Act

    Pub. L. 96–513 title V § 516(4) · 94 Stat. 2835

    Substituted · 37 U.S.C. § 209(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”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (4) Section 209(a) is amended by striking out “section 456(d)(1) of title 50, appendix” and inserting in lieu thereof “section 6(d)(1) of the Military Selective Service Act (50 U.S.C. App. 456(d)(1))”.

  13. Pub. L. 96–579 § 8 · 94 Stat. 3359

    Struck · 37 U.S.C. § 209(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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    Sec. 8. permanent authority for subsistence allowances for members of marine corps officer candidate programs Section 209(d) of title 37, United States Code, relating to members of precommissioning programs, is amended— (1) by striking out “(1)” after the subsection designation “(b)”; and (2) by striking out paragraph (2).

  14. Department of Defense Authorization Act, 1984

    Pub. L. 98–94 title X § 1003(a)(4) · 97 Stat. 614

    Substituted · 37 U.S.C. § 209(a)

    Pub. L. 98–94 substituted “30 months” for “20 months”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 98–94 substituted “30 months” for “20 months”.

  15. National Defense Authorization Act, Fiscal Year 1989

    Pub. L. 100–456 div. A title VI § 633(d) · 102 Stat. 1918

    Substituted · 37 U.S.C. § 209(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”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (d) Pay Status While in Certain Training.— Section 209(c) of title 37, United States Code, is amended by striking out “field training or practice cruises under section 2109 of title 10” and inserting in lieu thereof “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.”.

  16. National Defense Authorization Act for Fiscal Years 1990 and 1991

    Pub. L. 101–189 div. A title VI § 653(d) · 103 Stat. 1352

    Struck · 37 U.S.C. § 209(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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (d) Punctuation Amendment.— Section 209(c) of title 37, United States Code, is amended by striking out the period after “title 10” the first place it appears.

  17. Persian Gulf Conflict Supplemental Authorization and Personnel Benefits Act of 1991

    Pub. L. 102–25 title VII § 702(b)(1) · 105 Stat. 75

    Struck · 37 U.S.C. § 209(b); 37 U.S.C. § 209(d)

    Pub. L. 102–25 struck out “of this section” after “subsection (a)” wherever appearing

    Source evidence

    Code amendment note
    Subsecs. (b) and (d). Pub. L. 102–25 struck out “of this section” after “subsection (a)” wherever appearing.

    Enacted provision · exact public law section
    (1) by striking out “of this section” each place it appears (other than as provided in subsection (c));

  18. National Defense Authorization Act for Fiscal Year 1995

    Pub. L. 103–337 div. A title VI § 603(a) · 108 Stat. 2663

    Substituted · 37 U.S.C. § 209(a)

    Pub. L. 103–337 substituted “$150 a month” for “$100 a month”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 103–337 substituted “$150 a month” for “$100 a month”.

    Enacted provision · exact public law section
    (a) Increase.— Section 209(a) of title 37, United States Code, is amended by striking out “$100 a month” in the first sentence and inserting in lieu thereof “$150 a month”.

  19. Pub. L. 106–65 div. A title V § 546(a) · 113 Stat. 512

    Substituted · 37 U.S.C. § 209(a)

    Pub. L. 106–65 substituted “$200 a month” for “$150 a month”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 106–65 substituted “$200 a month” for “$150 a month”.

    Enacted provision · exact public law section
    (a) Increase.— Section 209(a) of title 37, United States Code, is amended by striking “$150 a month” and inserting “$200 a month”.

  20. Pub. L. 106–398 § 1(dA) · 114 Stat. 1654

    1. Inserted · 37 U.S.C. § 209(a)

      Pub. L. 106–398, § 1 [[div. A], title VI, § 612(b), (c)(1)], inserted heading

    2. Amended · 37 U.S.C. § 209(a)

      Pub. L. 106–398, § 1 [[div. A], title VI, § 612(b), (c)(1)], designated first sentence as par. (1)

    3. Substituted · 37 U.S.C. § 209(a)

      Pub. L. 106–398, § 1 [[div. A], title VI, § 612(b), (c)(1)], substituted “monthly subsistence allowance at a rate prescribed under paragraph (2)” for “subsistence allowance of $200 a month”

    4. Added · 37 U.S.C. § 209(a)

      Pub. L. 106–398, § 1 [[div. A], title VI, § 612(b), (c)(1)], added par. (2)

    5. Amended · 37 U.S.C. § 209(a)

      Pub. L. 106–398, § 1 [[div. A], title VI, § 612(b), (c)(1)], designated last sentence as par. (3)

    6. Substituted · 37 U.S.C. § 209(a)

      Pub. L. 106–398, § 1 [[div. A], title VI, § 612(b), (c)(1)], substituted “A subsistence” for “Subsistence”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 106–398, § 1 [[div. A], title VI, § 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”.

    Enacted provision · exact public law section
    SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.

  21. Pub. L. 106–398 § 1(dA) · 114 Stat. 1654

    1. Inserted · 37 U.S.C. § 209(b)

      Pub. L. 106–398, § 1 [[div. A], title VI, § 612(c)(2)], inserted heading

    2. Substituted · 37 U.S.C. § 209(b)

      Pub. L. 106–398, § 1 [[div. A], title VI, § 612(c)(2)], substituted “at a rate prescribed under subsection (a)” for “in the amount provided in subsection (a)” in text

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 106–398, § 1 [[div. A], title VI, § 612(c)(2)], inserted heading and substituted “at a rate prescribed under subsection (a)” for “in the amount provided in subsection (a)” in text.

    Enacted provision · exact public law section
    SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.

  22. Pub. L. 106–398 § 1(dA) · 114 Stat. 1654

    Inserted · 37 U.S.C. § 209(c)

    Pub. L. 106–398, § 1 [[div. A], title VI, § 612(c)(3)], inserted heading

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 106–398, § 1 [[div. A], title VI, § 612(c)(3)], inserted heading.

    Enacted provision · exact public law section
    SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.

  23. Pub. L. 106–398 § 1(dA) · 114 Stat. 1654

    1. Amended · 37 U.S.C. § 209(d)

      Pub. L. 106–398, § 1 [[div. A], title VI, § 612(c)(4)(B)], as amended by Pub. L. 107–314

    2. Substituted · 37 U.S.C. § 209(d)

      Pub. L. 106–398, § 1 [[div. A], title VI, § 612(c)(4)(B)], as substituted “a monthly rate prescribed under subsection (a)” for “the same rate as that prescribed by subsection (a)”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 106–398, § 1 [[div. A], title VI, § 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)”.

    Enacted provision · exact public law section
    SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.

  24. Pub. L. 106–398 § 1(dA) · 114 Stat. 1654

    Inserted · 37 U.S.C. § 209(d)

    Pub. L. 106–398, § 1 [[div. A], title VI, § 612(c)(4)(A)], inserted heading

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 106–398, § 1 [[div. A], title VI, § 612(c)(4)(A)], inserted heading.

    Enacted provision · exact public law section
    SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.

  25. National Defense Authorization Act for Fiscal Year 2002

    Pub. L. 107–107 div. A title V § 535(b) · 115 Stat. 1012

    Inserted · 37 U.S.C. § 209(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”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (b) Pay Rate While on Field Training or Practice Cruise.— Section 209(c) of title 37, United States Code, is amended by inserting before the period at the end the following: “, 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”.

  26. Pub. L. 107–314 div. A title X § 1062(g)(2) · 116 Stat. 2458

    Amended · 37 U.S.C. § 209(d)

    Pub. L. 107–314 amended Pub. L. 106–398, § 1 [[div. A], title VI, § 612(c)(4)(B)]. See 2000 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 107–314 amended Pub. L. 106–398, § 1 [[div. A], title VI, § 612(c)(4)(B)]. See 2000 Amendment note below.

    Enacted provision · exact public law section
    (2) Section 612(c)(4)(B) (114 Stat. 1654A–150) is amended 32 use 209 by striking the comma at the end of the first quoted matter.

  27. National Defense Authorization Act for Fiscal Year 2004

    Pub. L. 108–136 div. A title V § 523(a) · 117 Stat. 1392

    1. Added · 37 U.S.C. § 209(c)(e)

      Pub. L. 108–136 added subsec. (c)

    2. Redesignated · 37 U.S.C. § 209(c)(e)

      Pub. L. 108–136 redesignated former subsecs. (c) and (d) as (d) and (e), respectively

    Source evidence

    Code amendment note
    Subsecs. (c) to (e). Pub. L. 108–136 added subsec. (c) and redesignated former subsecs. (c) and (d) as (d) and (e), respectively.

    Enacted provision · exact public law section
    (a) Authority for Allowance.— Section 209 of title 37, United States Code, is amended— (1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (2) by inserting after subsection (b) the following new subsection (c): “(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.” .

    Effective date note
    Amendment by Pub. L. 108–136 effective Jan. 1, 2004, see section 523(c) of Pub. L. 108–136, set out as an Effective Date note under section 2103a of Title 10, Armed Forces.

  28. National Defense Authorization Act for Fiscal Year 2017

    Pub. L. 114–328 div. A title X § 1081(b)(1)(B) · 130 Stat. 2000

    Substituted · 37 U.S.C. § 209(a)(3)

    Pub. L. 114–328, which directed substitution of “(50 U.S.C. 3806(d)(1))” for “(50 U.S.C. App. 456(d)(1))” in par. (1), was executed by making the substitution in par. (3) to reflect the probable intent of Congress

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 114–328, which directed substitution of “(50 U.S.C. 3806(d)(1))” for “(50 U.S.C. App. 456(d)(1))” in par. (1), was executed by making the substitution in par. (3) to reflect the probable intent of Congress.

    Enacted provision · exact public law section
    (B) Title 37, united states code.— Section 209(a)(1) of title 37, United States Code, is amended by striking “(50 U.S.C. App. 456(d)(1))” and inserting “(50 U.S.C. 3806(d)(1))”.

36 of 38 references resolved to an enrolled provision · 2 partial

Notes

historicalAndRevision
Historical and Revision Notes
Revised sectionSource (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 applicable to pay).[None.]

Editorial Notes

Amendments1964–2016 · 17 rounds

2016

Subsec. (a)(3). Pub. L. 114–328, which directed substitution of “(50 U.S.C. 3806(d)(1))” for “(50 U.S.C. App. 456(d)(1))” in par. (1), was executed by making the substitution in par. (3) to reflect the probable intent of Congress.

2003

Subsecs. (c) to (e). Pub. L. 108–136 added subsec. (c) and redesignated former subsecs. (c) and (d) as (d) and (e), respectively.

2002

Subsec. (d). Pub. L. 107–314 amended Pub. L. 106–398, § 1 [[div. A], title VI, § 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, § 1 [[div. A], title VI, § 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, § 1 [[div. A], title VI, § 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, § 1 [[div. A], title VI, § 612(c)(3)], inserted heading.

Subsec. (d). Pub. L. 106–398, § 1 [[div. A], title VI, § 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, § 1 [[div. A], title VI, § 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 .

Pub. L. 96–342 added subsec. (d).

1977

Pub. L. 95–79, § 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, § 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, § 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, § 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, § 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, § 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.

Statutory Notes and Related Subsidiaries

Effective Date of 2003 Amendment

Amendment by Pub. L. 108–136 effective , see section 523(c) of Pub. L. 108–136, set out as an Effective Date note under section 2103a of Title 10, Armed Forces.

Effective Date of 2002 Amendment

Pub. L. 107–314, div. A, title X, § 1062(g), , 116 Stat. 2651, provided that the amendment made by section 1062(g)(2) is effective as of , and as if included in Pub. L. 106–398 as enacted.

Effective Date of 2000 Amendment

Amendment by section 1 [[div. A], title VI, § 612(b)] of Pub. L. 106–398 effective , see section 1 [[div. A], title VI, § 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, § 546(b), , 113 Stat. 608, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on .”

Effective Date of 1994 Amendment

Pub. L. 103–337, div. A, title VI, § 603(b), , 108 Stat. 2782, 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 .

“(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 , 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 , 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

Pub. L. 92–171, § 2, , 85 Stat. 490, provided that: “The amendments made by this Act [amending this section] shall become effective on .”

Effective Date of 1965 Amendment

Amendment by Pub. L. 89–51 effective , 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, , 85 Stat. 491, as amended by Pub. L. 94–361, title VI, § 604, , 90 Stat. 929; Pub. L. 95–79, title VIII, § 806, , 91 Stat. 334; Pub. L. 95–485, title VIII, § 803, , 92 Stat. 1620, which provided that until , 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, § 811(b), , 94 Stat. 1098. See subsec. (d) of this section.

Credits

1962–2016 · 20 acts
  1. 1962Pub. L. 87–649, , 76 Stat. 461
  2. 1964Pub. L. 88–647, title II, § 202(2), , 78 Stat. 1070
  3. 1965Pub. L. 89–51, § 3, , 79 Stat. 173
  4. 1966Pub. L. 89–718, § 51, , 80 Stat. 1121
  5. 1971Pub. L. 92–171, § 1, , 85 Stat. 490
  6. 1977Pub. L. 95–79, title III, § 302(a)(3), , 91 Stat. 326
  7. 1980Pub. L. 96–342, title VIII, § 811(a), , 94 Stat. 1098
  8. 1980Pub. L. 96–513, title V, § 516(4), , 94 Stat. 2938
  9. 1980Pub. L. 96–579, § 8, , 94 Stat. 3368
  10. 1983Pub. L. 98–94, title X, § 1003(a)(4), , 97 Stat. 656
  11. 1988Pub. L. 100–456, div. A, title VI, § 633(d), , 102 Stat. 1987
  12. 1989Pub. L. 101–189, div. A, title VI, § 653(d), , 103 Stat. 1462
  13. 1991Pub. L. 102–25, title VII, § 702(b)(1), (c), , 105 Stat. 117
  14. 1994Pub. L. 103–337, div. A, title VI, § 603(a), , 108 Stat. 2782
  15. 1999Pub. L. 106–65, div. A, title V, § 546(a), , 113 Stat. 608
  16. 2000Pub. L. 106–398, § 1 [[div. A], title VI, § 612(b), (c)], , 114 Stat. 1654, 1654A–150
  17. 2001Pub. L. 107–107, div. A, title V, § 535(b), , 115 Stat. 1107
  18. 2002Pub. L. 107–314, div. A, title X, § 1062(g)(2), , 116 Stat. 2651
  19. 2003Pub. L. 108–136, div. A, title V, § 523(a), , 117 Stat. 1463
  20. 2016Pub. L. 114–328, div. A, title X, § 1081(b)(1)(B), , 130 Stat. 2418.
Show as published

(Pub. L. 87–649, , 76 Stat. 461; Pub. L. 88–647, title II, § 202(2), , 78 Stat. 1070; Pub. L. 89–51, § 3, , 79 Stat. 173; Pub. L. 89–718, § 51, , 80 Stat. 1121; Pub. L. 92–171, § 1, , 85 Stat. 490; Pub. L. 95–79, title III, § 302(a)(3), , 91 Stat. 326; Pub. L. 96–342, title VIII, § 811(a), , 94 Stat. 1098; Pub. L. 96–513, title V, § 516(4), , 94 Stat. 2938; Pub. L. 96–579, § 8, , 94 Stat. 3368; Pub. L. 98–94, title X, § 1003(a)(4), , 97 Stat. 656; Pub. L. 100–456, div. A, title VI, § 633(d), , 102 Stat. 1987; Pub. L. 101–189, div. A, title VI, § 653(d), , 103 Stat. 1462; Pub. L. 102–25, title VII, § 702(b)(1), (c), , 105 Stat. 117; Pub. L. 103–337, div. A, title VI, § 603(a), , 108 Stat. 2782; Pub. L. 106–65, div. A, title V, § 546(a), , 113 Stat. 608; Pub. L. 106–398, § 1 [[div. A], title VI, § 612(b), (c)], , 114 Stat. 1654, 1654A–150; Pub. L. 107–107, div. A, title V, § 535(b), , 115 Stat. 1107; Pub. L. 107–314, div. A, title X, § 1062(g)(2), , 116 Stat. 2651; Pub. L. 108–136, div. A, title V, § 523(a), , 117 Stat. 1463; Pub. L. 114–328, div. A, title X, § 1081(b)(1)(B), , 130 Stat. 2418.)

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USLM identifier /us/usc/t37/s209