An act to authorize additional Reserve Officers' Training Corps scholarships for the Army, to authorize the Secretary of the Army to provide that cadets awarded such scholarships may serve their obligated period of service in the Army Reserve or Army National Guard of the United States, to authorize the Secretary concerned to require an individual furnished post-secondary education by an Armed Force to reimburse the United States for the cost of such education in the event such individual fails to comply with such individual's active-duty obligation, to provide that certain full-time training duty of members of the National Guard shall be considered as active duty for training in Federal service for certain purposes, and for other purposes.
PL 96-357 (H.R.5766), enacted 09/24/1980

94 STAT. 1178 
PUBLIC LAW 96-357—SEPT. 24, 1980 
Public Law 96-357 
96th Congress 
An Act 
Sept. 24, 1980 
>
J
I
Q authorize additional Reserve Officers* Training Corps scholarships for the Army, 
[H.R. 5766] 
to authorize the Secretary of the Army to provide that cadets awarded such 
scholarships may serve their obligated period of service in the Army Reserve or 
Army National Guard of the United States, to authorize the Secretary concerned 
to require an individual furnished post-secondary education by an Armed Force to 
reimburse the United States for the cost of such education in the event such 
individual fails to comply with such individual's active-duty obligation, to provide 
that certain full-time training duty of members of the National Guard shall be 
considered as active duty for training in Federal service for certain purposes, and 
for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
Reserve Officers' United States of America in Congress assembled, That (a) section 
Training Corps 
2107(a) of title 10, United States Code, relating to financial assistance 
scholarships. 
f^^ specially selected members of the Reserve Officers' Training 
Corps, is amended by striking out the period at the end of the first 
sentence and all of the second sentence and inserting in lieu thereof a 
comma and the following: "except that the age of any such member 
who has served on active duty in the armed forces may exceed such 
age limitation on such date by a period equal to the period such 
member served on active duty, but only if such member will be under 
29 years of age on such date.". 
(b) Section 2107 of such title is further amended— 
(1) by inserting "and" at the end of clause (4) of subsection (b); 
(2) by striking out clauses (5) and (6) of subsection (b) and 
inserting in lieu thereof the following: 
"(5) agree in writing that, at the discretion of the Secretary of 
the military department concerned, he will either— 
"(AXi) accept an appointment, if offered, as a commis-
sioned 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 
"(ii) serve on active duty for four or more years; or 
"(B)(i) accept an appointment, if offered, as a commis-
sioned officer in the Army, Navy, Air Force, or Marine 
Corps, as the case may be; and 
"(ii) serve in a reserve component of that armed force until 
the eighth anniversary of the receipt of such appointment, 
unless otherwise extended by subsection (d) of section 2108 of 
1
0 use 2108. 
this title, under such terms and conditions as shall be 
prescribed by the Secretary of the military department 
concerned. 
The performance of service under clause (5)(B) may include 
periods of active duty, active duty for training, and other service 
in an active or inactive status in the reserve component in which 
appointed."; and 
PUBLIC LAW 96-357—SEPT. 24, 1980 
94 STAT. 1179 
Appointment, 
eligibility. 
(3) by striking out "6,500" the first place it appears in subsec-
tion (h) and inserting in lieu thereof "12,000". 
(c)(1) Chapter 103 of such title, relating to Senior Reserve Officers' 
Training Corps, is amended by inserting after section 2107 the 
following new section: 
"§ 2107a. Financial assistance program for specially selected iousc2i07a. 
members: military junior colleges 
"(aXD The Secretary of the Army may appoint as a cadet in the 
Army Reserve or Army National Guard of the United States any 
eligible member of the program who is a student at a military junior 
college and who will be under 25 years of age on June 30 of the 
calendar year in which he is eligible under this section for appoint-
ment as a second lieutenant in the Army, except that the age of any 
such member who has served on active duty in the armed forces may 
exceed such age limitation on such date by a period equal to the 
period such member served on active duty, but only if such member 
will be under 29 years of age on such date. 
"(2) To be considered a military junior college for the purposes of 
this section, a school must be a civilian postsecondary educational 
institution essentially military in nature that does not confer bacca-
laureate degrees and that meets such other requirements as the 
Secretary of the Army may prescribe. 
"(b) To be eligible for appointment as a cadet under this section, a 
member of the program must— 
"(1) be a citizen of the United States; 
"(2) be specially selected for the financial assistance program 
under this section under procedures prescribed by the Secretary 
of the Army; 
"(3) enlist in a reserve component of the Army for the period 
prescribed by the Secretary of the Army; 
"(4) contract, with the consent of his parent or guardian if he is 
a minor, with the Secretary of the Army 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 Reserve or the 
Army National Guard of the United States; and 
"(6) agree in writing that he will serve in such reserve 
component for not less than eight years. 
Performance of duty under an agreement under this subsection shall 
be under such terms and conditions as the Secretary of the Army may 
prescribe and may include periods of active duty, active duty for 
training, and other service in an active or inactive status in the 
reserve component in which appointed. 
"(c) The Secretary of the Army shall provide for the payment of all Payment of 
expenses of the Department of the Army in administering the ^^P^nses. 
financial assistance program under this section, including the cost of 
tuition, fees, books, and laboratory expenses which are incurred by 
members of the program appointed as cadets under this section while 
such members are students at a military junior college. 
"(d) Upon satisfactorily completing the academic and military 
requirements of the program, a cadet may be appointed as a reserve 
officer in the Army in the grade of second lieutenant, even though he 
is under 21 years of age, 
"(e) The date of rank of officers appointed under this section in May Date of rank. 
or June of any year is the date of graduation of cadets from the 
United States Military Academy in that year. The Secretary of the 
94 STAT. 1180 
PUBLIC LAW 96-357—SEPT. 24, 1980 
Number of 
appointments. 
Additional 
appointments. 
Ante, p. 1178. 
Obligated 
service, delay. 
10 u s e 2108. 
Ante, p. 1179. 
Effective date. 
10 u s e 2107a 
note. 
10 u s e 2005. 
Army shall establish the date of rank of all other officers appointed 
under this section. 
"(0 A cadet 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 Army to 
serve in his enlisted grade 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 as a 
cadet or with concurrent enlisted service. 
"(h)(1) The Secretary of the Army shall appoint not less than 10 
cadets under this section each year at each military junior college at 
which there are not less than 10 members of the program eligible 
under subsection (b) for such an appointment. At any military college 
at which in any year there are fewer than 10 such members, the 
Secretary shall appoint each such member as a cadet under this 
section. 
"(2) If the level of participation in the program at any military 
junior college meets criteria for such participation established by the 
Secretary of the Army by regulation, the Secretary shall appoint 
additional cadets under this section from among members of the 
program at such military junior college who are eligible under 
subsection (b) for such an appointment. 
"(i) Cadets appointed under this section are in addition to the 
number appointed under section 2107 of this title.". 
(2) The table of sections at the beginning of chapter 103 of such title 
is amended by inserting after the item relating to section 2107 the 
following new item: 
"2107a. Financial assistance program for specially selected members: military junior 
colleges.". 
(d) Section 2108(d) of such title, relating to advanced training after 
receiving a baccalaureate degree or completing preprofessional 
studies, is amended by striking out the second sentence and inserting 
in lieu thereof the following: "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, and any obligated 
period of active duty for training or other service in an active or 
inactive status in a reserve component, until the member has 
completed that study. If a cadet appointed under section 2107a of this 
title has been accepted for a course of study at an accredited civilian 
educational institution authorized to grant baccalaureate degrees, 
the Secretary of the Army may delay the beginning of that member's 
obligated period of service in a reserve component until the member 
has completed such course of study.". 
(e) The amendments made by this section shall take effect on 
October 1,1980. 
SEC. 2. (a) Chapter 101 of title 10, United States Code, relating to 
training, is amended by adding at the end of such chapter the 
following new section: 
"§2005. Advanced education assistance: active duty agreement; 
reimbursement requirements 
"(a) The Secretary concerned may require, as a condition to the 
Secretary providing advanced education assistance to any person, 
that such person enter into a written agreement with the Secretary 
concerned under the terms of which such person shall agree— 
PUBLIC LAW 96-357—SEPT. 24, 1980 
94 STAT. 1181 
"(1) to complete the educational requirements specified in the 
agreement and to serve on active duty for a period specified in 
the agreement; 
"(2) that if such person fails to complete the education require-
ments specified in the agreement, such person will serve on 
active duty for a period specified in the agreement; 
"(3) that if such person, voluntarily or because of misconduct, 
fails to complete the period of active duty specified in the 
agreement, such person will reimburse the United States in an 
amount that bears the same ratio to the total cost of advanced 
education provided such person as the unserved portion of active 
duty bears to the total period of active duty such person agreed to 
serve; and 
"(4) to such other terms and conditions as the Secretary 
concerned may prescribe to protect the interest of the United 
States. 
"GD) The Secretary concerned shall determine the period of active 
duty to be served by any person for advanced education assistance to 
be provided such person by an armed force, except that if the period 
of active duty required to be served is specified under another 
provision of law with respect to the advanced education assistance to 
be provided, the period specified in the agreement referred to in 
subsection (a) shall be the same as the period specified in such other 
provision of law. 
"(c) Subject to the provisions of subsection (d) of this section, the 
obligation to reimburse the United States under an agreement 
described in subsection (a) of this section is, for all purposes, a debt 
owing the United States. 
"(d) A discharge in bankruptcy under title 11 shall not release a 
person from an obligation to reimburse the United States required 
under the terms of an agreement described in subsection (a) of this 
section if the final decree of the discharge in bankruptcy was issued 
within a period of five years after the last day of a period which such 
person had agreed to serve on active duty. This subsection applies to a 
discharge in bankruptcy in any proceeding which begins after Sep-
tember 30,1978. 
"(e) In this section— 
"(1) 'Advanced education' means education or training above 
the secondary school level but does not include technical training 
provided to a member of the armed forces to qualify such 
member to perform a specified military function, to workshops, 
or to short-term training programs. 
"(2) 'Assistance' means the direct provision of any course of 
advanced education by the Secretary concerned, reimbursement 
by the Secretary concerned for any course of advanced education 
provided by another department or agency of the Federal Gov-
ernment, or the payment, in whole or in part, by the Secretary 
concerned for any course of advanced education provided by any 
public or private educational institution or other entity, but such 
term does not include the payment for any course of advanced 
education which is paid for under chapter 106 or 107 of this title. 
"(3) 'Cost of advanced education' means those costs which are, 
under regulations prescribed by the Secretary concerned, 
directly attributable to the education of the person to whom a 
course of advanced education is provided, including the cost of 
tuition and other fees (or, if none is charged, an amount deter-
mined by the Secretary concerned to be a reasonable charge for 
the education provided), the cost of books, supplies, transporta-
Reimbursement 
to U.S. 
Discharge in 
bankruptcy. 
11 u s e 101. 
Definitions. 
10 u s e 2131 et 
seq., ante, p. 
1111. 
94 STAT. 1182 
PUBLIC LAW 96-357—SEPT. 24, 1980 
37 u s e 101. 
10 u s e 2121. 
Effective date. 
Alternate 
quarters, 
reimbursement. 
Exception. 
Limitation. 
Ante, p. 123. 
Service credit. 
10 u s e 3686 
note. 
Inactive duty list 
or retired status. 
tion, and miscellaneous expenses, and the cost of room and board, 
but such term does not include pay or allowances under title 37 
or a stipend under section 2121 of this title.". 
(b) The table of sections at the beginning of chapter 101 of such title 
is amended by adding at the end thereof the following new item: 
"2005. Advanced education assistance: active duty agreement; reimbursement re-
quirements.". 
SEC. 3. Effective only for the period beginning October 1, 1980, and 
ending September 30, 1981, section 7572(b) of title 10, United States 
Code, relating to accommodations in place of quarters for members 
on sea duty, is amended to read as follows: 
"(b) Under such regulations as the Secretary prescribes, any 
member of the uniformed services on sea duty who is deprived of 
quarters on board ship because of repairs or because of other 
conditions that make the member's quarters uninhabitable, may be 
reimbursed for expenses incurred in obtaining quarters, in an 
amount not more than the basic allowance for quarters of a member 
of the same grade without dependents, if it is impracticable to furnish 
accommodations under subsection (a). A member entitled to receipt of 
basic allowance for quarters may not be reimbursed for expenses 
under this subsection when deprived of quarters aboard ship at a 
location at which the member can reside with such member's 
dependents. The total amount of such reimbursements for fiscal year 
1981 may not exceed $9,000,000.". 
SEC. 4. Section 3(a) of the Act of August 10, 1956 (33 U.S.C. 857a(a)), 
relating to the applicability of certain laws to the National Oceanic 
and Atmospheric Administration, is amended by adding at the end 
thereof the following new paragraph: 
"(14) Section 7572(b), Quarters: accommodations in place of for 
members on sea duty.". 
SEC. 5. (a) Sections 3686(2) and 8686(2) of title 10, United States 
Code, relating to service credit for service as members of the Army 
and Air Force National Guard, are each amended by striking out 
"sections 316 and 503-505 of title 32" and inserting in lieu thereof 
"sections 316 and 502 through 505 of title 32". 
(b) The amendments made by subsection (a) shall apply with 
respect to full-time training or other full-time duty performed under 
section 502 of title 32, United States Code, on and after the date of the 
enactment of this Act. 
SEC. 6. The second sentence of section 672(a) of title 10, United 
States Code, relating to authority to order members of the Standby 
Reserve to active duty, is amended to read as follows: "However a 
member on an inactive status list or in a retired status may not be 
ordered to active duty under this subsection unless the Secretary 
concerned, with the approval of the Secretary of Defense in the case 
of the Secretary of a military department, determines that there are 
not enough qualified Reserves in an active status or in the inactive 
National Guard in the required category who are readily available.". 
PUBLIC LAW 96-357—SEPT. 24, 1980 
94 STAT. 1183 
SEC. 7. (a) Section 4818 of the Revised Statutes of the United States 
(24 U.S.C. 44), relating to funds for the support of the Soldiers' and 
Airmen's Home, is amended by inserting "or under authority of 
section 815 of title 10, United States Code" after "courts-martial". 
(b) The amendment made by subsection (a) shall become effective oFffoiT^,?^*®: 
r\ A. I. 
-11001 
24 u s e 44 note. 
on October 1,1981. 
Approved September 24, 1980. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 96-607 (Comm. on Armed Services). 
SENATE REPORT No. 96-850 (Comm. on Armed Services). 
CONGRESSIONAL RECORD: 
Vol. 125 (1979): Nov. 26, considered and passed House. 
Vol. 126 (1980): Aug. 4, considered and passed Senate, amended. 
Aug. 28, House concurred in Senate amendments with amend-
ments. 
Sept. 10, Senate concurred in House amendments. 
79-194 O—81—pt. 1 
78 : QL3