10 U.S.C. § 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.

(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 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, Marine Corps, or Space Force, as the case may be, and that he will serve in the armed forces for the period prescribed by the Secretary;

(6)

either—

(A)

complete successfully—

(i)

the first two years of a four-year Senior Reserve Officers’ Training Corps course; or

(ii)

field training or a practice cruise of a duration which is prescribed by the Secretary concerned as a preliminary requirement for admission to the advanced course; or

(B)

at the discretion of the Secretary concerned, agree in writing to complete field training or a practice cruise, as prescribed by the Secretary concerned, within two years after admission to the advanced course; and

(7)

execute a certificate of loyalty in such form as the Secretary of Defense prescribes or take a loyalty oath as prescribed by the Secretary.

(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 under section 2103(b), of this title.

Pub. L. 88–647, title II, § 201(1)Oct. 13, 196478 Stat. 1065 Pub. L. 98–94, title X, § 1003(a)(2)Sept. 24, 198397 Stat. 656 Pub. L. 98–525, title V, § 543(a)Oct. 19, 198498 Stat. 2530 Pub. L. 104–106, div. A, title V, § 544Feb. 10, 1996110 Stat. 317 Pub. L. 107–107, div. A, title V, § 535(a)Dec. 28, 2001115 Stat. 1106 Pub. L. 116–283, div. A, title IX, § 924(b)(3)(DD)Jan. 1, 2021134 Stat. 3822(Added , , ; amended , , ; , title XIV, § 1401(h), , , 2619; , , ; , , ; , , .)

Editorial Notes

Prior Provisions

Provisions similar to those in subsec. (b)(7) of this section were contained in the following appropriation acts:

Pub. L. 98–473, title I, § 101(h) [title VIII, § 8018]Oct. 12, 198498 Stat. 1904, , , 1926.

Pub. L. 98–212, title VII, § 722Dec. 8, 198397 Stat. 1442, , .

Pub. L. 97–377, title I, § 101(c) [title VII, § 722]Dec. 21, 198296 Stat. 1833, , , 1854.

Pub. L. 97–114, title VII, § 722Dec. 29, 198195 Stat. 1582, , .

Pub. L. 96–527, title VII, § 723Dec. 15, 198094 Stat. 3085, , .

Pub. L. 96–154, title VII, § 723Dec. 21, 197993 Stat. 1156, , .

Pub. L. 95–457, title VIII, § 823Oct. 13, 197892 Stat. 1248, , .

Pub. L. 95–111, title VIII, § 822Sept. 21, 197791 Stat. 903, , .

Pub. L. 94–419, title VII, § 722Sept. 22, 197690 Stat. 1295, , .

Pub. L. 94–212, title VII, § 722Feb. 9, 197690 Stat. 172, , .

Pub. L. 93–437, title VIII, § 822Oct. 8, 197488 Stat. 1228, , .

Pub. L. 93–238, title VII, § 723Jan. 2, 197487 Stat. 1042, , .

Pub. L. 92–570, title VII, § 723Oct. 26, 197286 Stat. 1200, , .

Pub. L. 92–204, title VII, § 723Dec. 18, 197185 Stat. 731, , .

Pub. L. 91–668, title VIII, § 823Jan. 11, 197184 Stat. 2034, , .

Pub. L. 91–171, title VI, § 623Dec. 29, 196983 Stat. 484, , .

Pub. L. 90–580, title V, § 522Oct. 17, 196882 Stat. 1133, , .

Pub. L. 90–96, title VI, § 622Sept. 29, 196781 Stat. 246, , .

Pub. L. 89–687, title VI, § 622Oct. 15, 196680 Stat. 995, , .

Pub. L. 89–213, title VI, § 622Sept. 29, 196579 Stat. 877, , .

Pub. L. 88–446, title VI, § 522Aug. 19, 196478 Stat. 478, , .

Pub. L. 88–149, title V, § 522Oct. 17, 196377 Stat. 267, , .

Pub. L. 87–577, title V, § 522Aug. 9, 196276 Stat. 332, , .

Pub. L. 87–144, title VI, § 622Aug. 17, 196175 Stat. 379, , .

Pub. L. 86–601, title V, § 522July 7, 196074 Stat. 353, , .

Pub. L. 86–166, title V, § 622Aug. 18, 195973 Stat. 382, , .

Pub. L. 85–724, title VI, § 624Aug. 22, 195872 Stat. 728, , .

Pub. L. 85–117, title VI, § 625Aug. 2, 195771 Stat. 327, , .

July 2, 1956, ch. 488 70 Stat. 471, title VI, § 625, .

July 13, 1955, ch. 358 69 Stat. 320, title VI, § 629, .

June 30, 1954, ch. 432 68 Stat. 356, title VII, § 731, .

Amendments

Pub. L. 116–2832021—Subsec. (b)(5). substituted “Marine Corps, or Space Force” for “or Marine Corps”.

Pub. L. 107–1072001—Subsec. (b)(3). struck out “a reserve component of” before “an armed force”.

Pub. L. 104–1061996—Subsec. (b)(6)(A)(ii). substituted “a duration” for “not less than six weeks’ duration”.

Pub. L. 98–525, § 543(a)(1)1984—Subsec. (a). , struck out “, who have at least two academic years remaining at such educational institution” after “in the program”.

Pub. L. 98–525, § 543(a)(2)Subsec. (b)(6). , inserted initial word “either”, redesignated existing subpars. (A) and (B) as cls. (i) and (ii) of subpar. (A), and added subpar. (B).

Pub. L. 98–525, § 1401(h)Subsec. (b)(7). , added par. (7).

Pub. L. 98–941983—Subsec. (a). substituted “who have at least two academic years” for “who have two academic years”.

Statutory Notes and Related Subsidiaries

Effective Date of 1984 Amendment

Pub. L. 98–525, title V, § 543(b)Oct. 19, 198498 Stat. 2530

October 1, 1984“The amendments made by subsection (a) [amending this section] do not constitute authority for the enactment of new budget authority for a fiscal year beginning before .”

, , , provided that:

section 1401(h) of Pub. L. 98–525Oct. 1, 1985section 1404 of Pub. L. 98–525 section 520b of this titleAmendment by effective , see , set out as an Effective Date note under .