# § 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. 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.
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**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.)
| 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 applicable to pay). | [None.] |
## Editorial Notes
### Amendments
2016—Subsec. (a)(3). , which directed substitution of “()” 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). added subsec. (c) and redesignated former subsecs. (c) and (d) as (d) and (e), respectively.
2002—Subsec. (d). amended , title VI, § 612(c)(4)(B)]. See 2000 Amendment note below.
2001—Subsec. (c). 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 ”.
2000—Subsec. (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). , 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). , title VI, § 612(c)(3)], inserted heading.
Subsec. (d). , title VI, § 612(c)(4)(B)], as amended by , substituted “a monthly rate prescribed under subsection (a)” for “the same rate as that prescribed by subsection (a)”.
, title VI, § 612(c)(4)(A)], inserted heading.
1999—Subsec. (a). substituted “$200 a month” for “$150 a month”.
1994—Subsec. (a). substituted “$150 a month” for “$100 a month”.
1991—Subsecs. (b) and (d). struck out “of this section” after “subsection (a)” wherever appearing.
1989—Subsec. (c). 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). 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 ”.
1983—Subsec. (a). substituted “30 months” for “20 months”.
1980—Subsec. (a). substituted “section 6(d)(1) of the Military Selective Service Act (50 U.S.C. App. 456(d)(1))” for “, appendix”.
Subsec. (d). struck out par. (1) designation and par. (2) prohibiting payment of subsistence allowance for any period after .
added subsec. (d).
1977—, substituted “Members of precommissioning programs” for “Members of Senior Reserve Officers’ Training Corps” in section catchline.
Subsec. (c). , 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 , for provisions authorizing rates of pay for members of the Senior Reserve Officers’ Training Corps to be computed under and for applicants for membership in the Corps to be computed under for enlisted members in pay grade E–1.
1971—Subsec. (a). , 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). , 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 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). , struck out “, United States Code,” after “”, and substituted “20” for “twenty” and “, 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). , struck out “, United States Code,” after “”.
1965—Subsec. (a). substituted “subsistence allowance” and “Subsistence allowance” for “retainer pay” and “Retainer pay”, respectively.
Subsec. (b). substituted “subsistence allowance” for “retainer pay”.
1964— substituted provisions which grant a trainee under , 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 App., grant cadets or midshipmen under retainer pay, limited to not more than 4 years, authorize pay for trainees attending field training or practice cruises under at the rate prescribed for cadets and midshipmen at the military academies under , and pay for applicants attending field training or practice cruises to satisfy , as in for enlisted men grade E–1, for provisions entitling midshipmen appointed under to $50 a month for his instruction period up to 4 academic years, seamen recruits under to $50 monthly for his instruction period under said section 6905, and midshipmen in flight training or on flight duty under 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 effective , see , set out as an Effective Date note under , Armed Forces.
### Effective Date of 2002 Amendment
, , , provided that the amendment made by section 1062(g)(2) is effective as of , and as if included in as enacted.
### Effective Date of 2000 Amendment
Amendment by section 1 [[div. A], title VI, § 612(b)] of effective , see section 1 [[div. A], title VI, § 612(d)] of , set out as a note under .
### Effective Date of 1999 Amendment
> “The amendment made by subsection (a) [amending this section] shall take effect on
>
> .”
, , , provided that:
### Effective Date of 1994 Amendment
> **“(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.”
, , , provided that:
### Effective Date of 1988 Amendment
Amendment by applicable with respect to training performed after , see , set out as a note under , Armed Forces.
### Effective Date of 1980 Amendment
Amendment by effective , see , set out as a note under , Armed Forces.
### Effective Date of 1971 Amendment
> “The amendments made by this Act [amending this section] shall become effective on
>
> .”
, , , provided that:
### Effective Date of 1965 Amendment
Amendment by effective , see , set out as a note under , Armed Forces.
### Subsistence Allowances for Members of the Marine Corps Officer Candidate Programs
, , , as amended by , , ; , , ; , , , 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 , , . See subsec. (d) of this section.