§ 2114. Students: selection; status; obligation

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. 1972

   Uniformed Services Health Professions Revitalization Act of 1972

   Pub. L. 92–426 § 2(a) · 86 Stat. 713

   Enacted · 10 U.S.C. § 2114

   Added Pub. L. 92–426, § 2(a), Sept. 21, 1972, 86 Stat. 715

   Source evidence

   Code source credit
   Added Pub. L. 92–426, § 2(a), Sept. 21, 1972, 86 Stat. 715

   Enacted provision · exact public law section
   (a) Title 10, United States Code, is amended by adding the following new chapters after chapter 103: 78 Stat. 1064. 10 USC 2101. “Chapter 104.— UNIFORMED SERVICES UNIVERSITY OF THE HEALTH SCIENCES “Sec. “2112. Establishment. “2113. Board of regents. “2114. Students: selection; status: obligation. “2115. Graduates: limitation on number electing tn perform civilian Federal duty. “2116. Reports to Congress. “2117. Authorization for appropriations. “§ 2112. Establishment “(a) There is hereby authorized to be established within 25 miles of the District of Columbia a Uniformed Services University of the Health Sciences (hereinafter referred to as the ‘University’), at a site or sites to be selected by the Secretary of Defense, with authority to grant appropriate advanced degrees. It shall be so organized as to graduate not less than 100 medical students annually, with the first class graduating not later than 10 years after the date of the enactment of this chapter. “(b) Except as provided in subsection (a), the numbers of persons to be graduated from the University shall Ire prescribed by the Secretary of Defense. “(c) The development of the University may be by such phases as the Secretary of Defense may prescribe, subject to the requirements of subsection (a). “§ 2113. Board of Regents “(a) The business of the University shall be conducted by a Board of Regents (hereinafter referred to as the ‘Board’) with funds appropriated Membership, for and provided by the Department of Defense. The Board shall consist of— “(1) nine persons outstanding in the fields of health and health education who shall be appointed from civilian life by the President, by and with the advice and consent of the Senate; “(2) the Secretary of Defense, or his designee, who shall be an ex officio member; “(3) the surgeons general of the uniformed services, who shall be ex officio members; and “(4) the person referred to in subsection (d). “(b) The term of office of each member of the Board (other than ex officio members) shall be six years except that— “(1) any member appointed to fill a vacancy occurring before the expiration of the term for which his predecessor was appointed shall he appointed for the remainder of such term; and “(2) the terms of office of the members first taking office shall expire, as designated by the President at the time of the appointment, three at the end of two years, three at the end of four years, and three at the end of six years. “(c) One of the members of the Board (other than an ex officio member) shall be designated by the President as Chairman. He shall be the presiding officer of the Board. “(d) The Board shall appoint a Dean of the University (hereinafter referred to as the ‘Dean’) who shall also serve as a non voting ex officio member of the Board. “(e) Members of the Board (other than ex officio members) while attending conferences or meetings or while otherwise performing their duties as members shall be entitled to receive compensation at a rate to be fixed by the Secretary of Defense, but not exceeding $100 per diem and shall also be entitled to receive an allowance for necessary travel expenses while so serving away from their place of residence. “(f) The Board, after considering the recommendations of the Dean, shall obtain the services of such military and civilian professors, instructors, and administrative and other employees as may be necessary to operate the University. Civilian members of the faculty and staff shall be employed under salary schedules and granted retirement and other related benefits prescribed by the Secretary of Defense so as to place the employees of the University on a comparable basis with the employees of fully accredited schools of the health professions within the vicinity of the District of Columbia. The Board may confer academic titles, as appropriate, upon military and civilian members of the faculty. The military members of the faculty shall include a professor of military, naval, or air science as the Board may determine. “(g) The Board is authorized to negotiate agreements with agencies Federal medical resources, utilization agreements. of the Federal Government to utilize on a reimbursable basis appropriate existing Federal medical resources located in or near the District of Columbia. Under such agreements the facilities concerned will retain their identities and basic missions. The Board is also authorized to negotiate affiliation agreements with an accredited University or universities in or near the District of Columbia. Such agreements may include provisions for payments for educational services provided students participating in Department of Defense educational programs. The Board may also, subject to the approval of the Secretary of Defense, enter into an agreement under which the University would become part of a national university of health sciences should such an institution be established in the vicinity of the District of Columbia. “(h) The Board may establish postdoctoral, post graduate technological institutes. “(i) The Board shall also establish programs in continuing medical Continuing medical education programs. education for military members of the health professions to the end that, high standards of health care may be maintained within the military medical services. “§2114. Students: selection; status; obligation “(a) Students at the University shall be selected under procedures prescribed by the Secretary of Defense. In so prescribing, the Secretary shall consider the recommendations of the Board. However, selection procedures prescribed by the Secretary of Defense shall emphasize the basic requirement that students demonstrate sincere motivation and dedication to a career in the uniformed services (as defined in section 1072 (1) of this title). 72 Stat. 1446; 80 Stat. 1117. “(b) Students shall be commissioned officers of a uniform service as determined under regulations prescribed by the Secretary of Defense after consulting with the Secretary of Health, Education, and Welfare. Notwithstanding any other provision of law, they shall serve on active duty in pay grade O–1 with full pay and allowances of that 37 USC 203 note. grade, but shall not be counted against any prescribed military strengths. Upon graduation they shall be appointed in a regular component, if qualified, unless they are covered by section 2115 of this title. Students who graduate shall be required, except as provided in section 2115 of this title, to serve thereafter on active duty under such regulations as the Secretary of Defense or the Secretary of Health, Education, and Welfare, as appropriate, may prescribe for not less than seven years, unless sooner released. The service credit exclusions specified in section 2126 of this title shall apply to students covered by Post, p. 718. this section. “(c) A period of time spent in military intern or residency training shall not be creditable in satisfying an active duty obligation imposed by this section. “(d) A member of the program who, under regulations prescribed by the Secretary of Defense, is dropped from the program for deficiency in conduct or studies, or for other reasons, may be required to perform active duty in an appropriate military capacity in accordance with the active duty obligation imposed by this section. In no case shall any such member be required to serve on active duty for any period in excess of a period equal to the period he participated in the program, except that in no case may any such member be required to serve on active duty less than one year. “§2115. Graduates: limitation on number electing to perform civilian Federal duty “Not more than 20 percent of the graduates of any one class at the University may agree in writing to perform civilian Federal duty for not less than seven years following the completion of their professional education in lieu of active duty in a uniformed service. Such persons shall be released from active duty upon the completion of their professional education. The location and type of their duty shall be determined by the Secretary of Defense, after consultation with the heads of Federal agencies concerned. “§ 2116. Reports to Congress Report to congressional committees. “The Secretary of Defense shall report periodically to the Committees on Armed Services of the Senate and House or Representatives on the feasibility of establishing educational institutions similar or identical to the University at any other locations he deems appropriate. The last such report shall be submitted by June 30, 1976. “§ 2117. Authorization for appropriations “There is hereby authorized to be appropriated to the Department of Defense for the planning, construction, development, improvement, operation, and maintenance of the University, and to otherwise accomplish the purposes of this title, for the fiscal year beginning July 1, 1972, the sum of $15,000,000, and for each fiscal year thereafter such sum as may be authorized in the annual military construction authorization Act for such year. “Chapter 105.— ARMED FORCES HEALTH PROFESSIONS SCHOLARSHIP PROGRAM “Sec. “2120. Definitions. “2121. Establishment. “2122. Eligibility f or participation. “2123. Members of the program; active duty obligation; failure to complete training; release from program. “2124. Members of the program; numbers appointed, “2125. Members of the program; exclusion from authorized strengths. “2126. Members of the program; service credit. “2127. Contracts for scholarships; payments. “§ 2120. Definitions “In this chapter— “(1) ‘Program’ means the Armed Forces Health Professions Scholarship program provided for in this chapter. “(2) ‘Member of the program’ means a person appointed a commissioned officer in a reserve component of the armed forces who is enrolled in the Armed Forces Health Professions Scholarship program. “(3) ‘Course of study’ means education received at an accredited college, university, or institution in medicine, dentistry, or other health profession, leading, respectively, to a degree related to the health professions as determined under regulations prescribed by the Secretary of Defense. “§ 2121. Establishment “(a) For the purpose of obtaining adequate numbers of commissioned officers on active duty who are qualified in the various health professions, the Secretary of each military department, under regulations prescribed by the Secretary of Defense, may establish and maintain a health professions scholarship program for his department. “(b) The program shall consist of courses of study in designated health professions, with obligatory periods of military training. “(c) Persons participating in the program shall be commissioned Participants. officers in reserve components of the armed forces. Members of the program shall serve on active duty in pay grade O–1 with full pay and 37 USC 203 note. allowances of that grade for a period of 45 days during each year of participation in the program. They shall be detailed as students at accredited civilian institutions, located in the United States or Puerto Rico, for the purpose of acquiring knowledge or training in a designated health profession. In addition, members of the program shall, under regulations prescribed by the Secretary of Defense, receive military and professional training and instruction. “(d) Except when serving on active duty pursuant to subsection Compensation. (r), a member of the program shall be entitled to a stipend at the rate of $400 per month. “§2122. Eligibility for participation “To be eligible for participation as a member of the program, a person must, be a citizen of the United States and must— “(1) be accepted for admission to, or enrolled in, an institution in a course of study, as that term is defined in section 2120(3) of this title; Supra. “(2) sign an agreement that unless sooner separated he will— “(A) complete, the educational phase of the program; “(B) accept an appropriate reappointment or designation within his military service, if tendered, based upon his health profession, following satisfactory completion of the program; “(C) participate in the intern program of his service if selected for such participation; “(D) participate in the residency program of his service, if selected, or be released from active duty for the period required to undergo civilian residency if selected for such training; and “(E) because of his sincere motivation and dedication to a career in the uniformed services, participate in military training while he is in the program, under regulations prescribed by the Secretary of Defense; and “(3) meet the requirements for appointment as a commissioned officer. “§2123. Members of the program: active duty obligation; failure to complete training; release from program “(a) A member of the program incurs an active duty obligation. The amount of his obligation shall be determined under regulations prescribed by the Secretary of Defense, but those regulations may not provide for a period of obligation of less than one year for each year of participation in the program. “(b) A period of time spent in military intern or residency training shall not be creditable in satisfying an active duty obligation imposed by this section. “(c) A member of the program who, under regulations prescribed by the Secretary of Defense, is dropped from the program for deficiency in conduct or studies, or for other reasons, may be required to perform active duty in an appropriate military capacity in accordance with the active duty obligation imposed by this section, “(d) The Secretary of a military department, under regulations prescribed by the Secretary of Defense, may relieve a member of the program who is dropped from the program from any active duty obligation imposed by this section, but such relief shall not relieve him from any military obligation imposed by any other law. “(e) Any member of the program relieved of his active duty obligation under this chapter before the completion of such obligation may, under regulations prescribed by the Secretary of Defense, be assigned to an area of health manpower shortage designated by the Secretary of Health, Education, and Welfare for a period equal to the period of obligation from which he was relieved, “§2124. Members of the program: numbers appointed “The number of persons who may be designated as members of the program for training in each health profession shall be as presented Limitation. by the Secretary of Defense, except that the total number of persons so designated in all of the programs authorized by this chapter shall not, at any time, exceed 5,000. “§2125. Members of the program: exclusion from authorized strengths “Notwithstanding any other provision of law, members of the program shall not be counted against any prescribed military strengths. “§2126. Members of the program: service credit “Service performed while a member of the program shall not be counted— “(1) in determining eligibility for retirement other than by reason of a physical disability incurred while on active duty as a member of the program; or “(2) in computing years of service creditable under section 205, 76 Stat. 458. other than subsection (a)(7) and (8), of title 37. “§ 2127. Contracts for scholarships: payments “(a) The Secretary of Defense may provide for the payment of all educational expenses incurred by a member of the program, including Limitation. tuition, fees, books, and laboratory expenses. Such payments, however, shall be limited to those educational expenses normally incurred by students at the institution and in the health profession concerned who are not members of the program. “(b) The Secretary of Defense may contract with an accredited civilian educational institution for the payment of tuition and other educational expenses of members of the program authorized by this chapter. Payment to such institutions may be made without regard to section 3648 of the Revised Statutes (31 T.S.C. 529). “(c) Payments made under subsection (b) shall not cover any expenses other than those covered by subsection (a). “(d) When the Secretary of Defense determines, under regulations Additional payments. prescribed by the Secretary of Health, Education, and Welfare, that an accredited civilian educational institution has increased its total enrollment for the sole purpose of accepting members of the program covered by this chapter, he may provide under a contract with such an institution for additional payments to cover the portion of the increased costs of the additional enrollment which are not covered by the institution’s normal tuition and fees.”

2. 1979

   Department of Defense Authorization Act, 1980

   Pub. L. 96–107 title VIII § 803(b) · 93 Stat. 803

   Substituted · 10 U.S.C. § 2114(b)

   Pub. L. 96–107 substituted “uniformed” for “uniform”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 96–107 substituted “uniformed” for “uniform”.

   Enacted provision · exact public law section
   (b) Section 2114(b) of such title is amended by striking out “uniform” in the first sentence of such section and inserting in lieu thereof “uniformed”.

3. 1980

   Defense Officer Personnel Management Act

   Pub. L. 96–513 § 511(65) · 94 Stat. 2835

   Substituted · 10 U.S.C. § 2114(b)

   Pub. L. 96–513, § 511(65), substituted “Secretary of Health and Human Services” for “Secretary of Health, Education, and Welfare” wherever appearing

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 96–513, § 511(65), substituted “Secretary of Health and Human Services” for “Secretary of Health, Education, and Welfare” wherever appearing.

   Enacted provision · exact public law section
   (65) Section 2114(b) is amended by striking out “Secretary of Health, Education, and Welfare” both places it appears and inserting in lieu thereof “Secretary of Health and Human Services”.

4. 1980

   Defense Officer Personnel Management Act

   Pub. L. 96–513 § 114 · 94 Stat. 2835

   Struck · 10 U.S.C. § 2114(b)

   Pub. L. 96–513, § 114, struck out provision under which officers attending the Uniformed Services University of Health Sciences were not counted against authorized military strengths

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 96–513, § 114, struck out provision under which officers attending the Uniformed Services University of Health Sciences were not counted against authorized military strengths.

   Enacted provision · exact public law section
   Sec. 114. officers attending uniformed services university of the health sciences to be counted against authorized military strengths The second sentence of section 2114(b), relating to students Post, p. 2926. attending the Uniformed Services University of the Health Sciences, is amended by striking out “, but shall not be counted against any prescribed military strengths”.

5. 1984

   Department of Defense Authorization Act, 1985

   Pub. L. 98–525 title XV § 1535 · 98 Stat. 2492

   Added · 10 U.S.C. § 2114(e)

   Pub. L. 98–525 added subsec. (e)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 98–525 added subsec. (e).

   Enacted provision · exact public law section
   Sec. 1535. instruction of foreign officers at the uniformed services university of the health sciences Section 2114 of title 10, United States Code, is amended by adding at the end thereof the following new subsection: “(e) (1) The Board, upon approval of the Secretary of Defense, may enter into agreements with foreign military medical schools for reciprocal education programs under which students at the University receive specialized military medical instruction at the foreign military medical school and military medical personnel of the country of such medical school receive specialized military medical instruction at the University. Any such agreement may be made on a reimbursable basis or a nonreimbursable basis. “(2) Not more than 40 persons at any one time may receive instruction at the University under this subsection. Attendance of such persons at the University may not result in a decrease in the number of students enrolled in the University. Subsection (b) does not apply to students receiving instruction under this subsection. “(3) The Dean of the University, with the approval of the Secretary of Defense, shall determine the countries from which persons may be selected to receive instruction under this subsection and the number of persons that may be selected from each country. The Dean may establish qualifications and methods of selection and shall select those persons who will be permitted to receive instruction at the University. The qualifications established shall be comparable to those required of United States citizens. “(4) Each foreign country from which a student is permitted to Reimbursement receive instruction at the University under this subsection shall reimburse the United States for the cost of providing such instruction, unless such reimbursement is waived by the Secretary of Defense. The Secretary of Defense shall prescribe the rates for reimbursement under this paragraph. “(5) Except as the Dean determines, a person receiving instruction at the University under this subsection is subject to the same regulations governing attendance, discipline, discharge, and dismissal as a student enrolled in the University. The Secretary may Confidentiality. Regulations. prescribe regulations with respect to access to classified information by a person receiving instruction under this subsection that differ from the regulations that apply to a student enrolled in the University.”.

6. 1989

   National Defense Authorization Act for Fiscal Years 1990 and 1991

   Pub. L. 101–189 div. A title V § 511(a) · 103 Stat. 1352

   Substituted · 10 U.S.C. § 2114(b)

   Pub. L. 101–189 substituted “10 years” for “seven years” in fourth sentence

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 101–189 substituted “10 years” for “seven years” in fourth sentence.

   Enacted provision · exact public law section
   (a) Uniformed Services University of the Health Sciences.— Section 2114(b) of title 10, United States Code, is amended by striking out “seven years” in the fourth sentence and inserting in lieu thereof “10 years”.

7. 1990

   National Defense Authorization Act for Fiscal Year 1991

   Pub. L. 101–510 § 533(b)(1) · 104 Stat. 1485

   Inserted · 10 U.S.C. § 2114(b)

   Pub. L. 101–510, § 533(b)(1), after fourth sentence inserted provisions relating to the time obligation to be served in the Ready Reserve upon completion of, or release from, the active-duty service obligation for members of the program who served on active duty for less than 10 years

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 101–510, § 533(b)(1), after fourth sentence inserted provisions relating to the time obligation to be served in the Ready Reserve upon completion of, or release from, the active-duty service obligation for members of the program who served on active duty for less than 10 years.

   Enacted provision · exact public law section
   (1) in subsection (b), by inserting after the fourth sentence the following new sentence: “ Upon completion of, or release from, the active-duty service obligation, a member of the program who served on active-duty for less than 10 years shall serve in the Ready Reserve for the period specified in the following table: “Period of Service on Active Duty Ready Reserve Obligation  Less than 8 years 6 years   8 years or more, but less than 9 4 years   9 years or more, but less than 10 2 years”.

8. 1990

   National Defense Authorization Act for Fiscal Year 1991

   Pub. L. 101–510 § 533(a) · 104 Stat. 1485

   Substituted · 10 U.S.C. § 2114(b)

   Pub. L. 101–510, § 533(a), substituted “seven years” for “10 years” in fourth sentence

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 101–510, § 533(a), substituted “seven years” for “10 years” in fourth sentence.

   Enacted provision · exact public law section
   (a) Reduction in Required Active-Duty Service.— Subsection (b) of section 2114 of title 10, United States Code, is amended by striking out “10 years” in the fourth sentence and inserting in lieu thereof “seven years”.

9. 1990

   National Defense Authorization Act for Fiscal Year 1991

   Pub. L. 101–510 § 533(b)(2) · 104 Stat. 1485

   Substituted · 10 U.S.C. § 2114(c)

   Pub. L. 101–510, § 533(b)(2), substituted “a commissioned service obligation” for “an active duty obligation”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 101–510, § 533(b)(2), substituted “a commissioned service obligation” for “an active duty obligation”.

   Enacted provision · exact public law section
   (2) in subsection (c), by striking out “an active duty obligation” and inserting in lieu thereof “a commissioned service obligation”; and

10. 1990

    National Defense Authorization Act for Fiscal Year 1991

    Pub. L. 101–510 § 533(b)(3) · 104 Stat. 1485

    Added · 10 U.S.C. § 2114(f)

    Pub. L. 101–510, § 533(b)(3), added subsec. (f)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 101–510, § 533(b)(3), added subsec. (f).

    Enacted provision · exact public law section
    (3) by adding at the end the following new subsection: “(f) In this section, the term ‘commissioned service obligation’ means, with respect to an officer who is a graduate of the University, the period beginning on the date of the appointment of the officer in a regular component after graduation and ending on the tenth anniversary of that appointment.”.

11. 1993

    Pub. L. 103–160 § 732(a)(1) · 107 Stat. 1547

    Substituted · 10 U.S.C. § 2114(a)

    Pub. L. 103–160, § 732(a)(1), substituted “Medical students” for “Students” in first sentence

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 103–160, § 732(a)(1), substituted “Medical students” for “Students” in first sentence.

    Enacted provision · exact public law section
    (1) in subsection (a), by striking out “Students” in the first sentence and inserting in lieu thereof “Medical students”;

12. 1993

    Pub. L. 103–160 § 732(a)(2) · 107 Stat. 1547

    Substituted · 10 U.S.C. § 2114(b)

    Pub. L. 103–160, § 732(a)(2), substituted “Medical students” for “Students” in two places

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 103–160, § 732(a)(2), substituted “Medical students” for “Students” in two places.

    Enacted provision · exact public law section
    (2) in subsection (b), by striking out “Students” both places it appears and inserting in lieu thereof “Medical students”;

13. 1993

    Pub. L. 103–160 § 732(a)(3) · 107 Stat. 1547

    1. Substituted · 10 U.S.C. § 2114(d)

       Pub. L. 103–160, § 732(a)(3), substituted “medical student” for “member of the program” in two places in second sentence

    2. Substituted · 10 U.S.C. § 2114(d)

       Pub. L. 103–160, § 732(a)(3), substituted “any such student” for “any such member” in two places in second sentence

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 103–160, § 732(a)(3), substituted “medical student” for “member of the program” in first sentence and “any such student” for “any such member” in two places in second sentence.

    Enacted provision · exact public law section
    (3) in subsection (d)— (A) by striking out “member of the program” in the first sentence and inserting in lieu thereof “medical student”; and (B) by striking out “any such member” in the second sentence both places it appears and inserting in lieu thereof “any such student”; and

14. 1993

    Pub. L. 103–160 § 732(a)(4) · 107 Stat. 1547

    Added · 10 U.S.C. § 2114(g)

    Pub. L. 103–160, § 732(a)(4), added subsec. (g)

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 103–160, § 732(a)(4), added subsec. (g).

    Enacted provision · exact public law section
    (4) by adding at the end the following new subsection: “(g) The Secretary of Defense shall establish such selection procedures, service obligations, and other requirements as the Secretary considers appropriate for graduate students (other than medical students) in a postdoctoral, postgraduate, or technological institute established pursuant to section 2113(h) of this title.”.

15. 1996

    National Defense Authorization Act for Fiscal Year 1996

    Pub. L. 104–106 div. A title X § 1072(b)(3) · 110 Stat. 186

    Substituted · 10 U.S.C. § 2114(e)(1)

    Pub. L. 104–106 substituted “The Secretary of Defense” for “The Board, upon approval of the Secretary of Defense,”

    Source evidence

    Code amendment note
    Subsec. (e)(1). Pub. L. 104–106 substituted “The Secretary of Defense” for “The Board, upon approval of the Secretary of Defense,”.

    Enacted provision · exact public law section
    (b) Conforming Amendments To Reflect Advisory Nature of Board of Regents.— (1) Section 2112(b) of such title is amended by striking out “, upon recommendation of the Board of Regents,”. (2) Section 2113 of such title is amended— (A) in subsection (a)— (i) by striking out “a Board of Regents (hereinafter in this chapter referred to as the ‘Board’)” in the first sentence and inserting in lieu thereof “the Secretary of Defense”; and (ii) by inserting after the first sentence the following new sentence: “To assist the Secretary in an advisory capacity, there is a Board of Regents for the University.”; (B) in subsection (d), by striking out “Board” the first place it appears and inserting in lieu thereof “Secretary”; (C) in subsection (e), by striking out “of Defense”; (D) in subsection (f)(1), by striking out “of Defense”; (E) in subsection (g)— (i) by striking out “Board is authorized to” in the first sentence and inserting in lieu thereof “Secretary may”; (ii) by striking out “Board is also authorized to” in the third sentence and inserting in lieu thereof “Secretary may”; and (iii) by striking out “Board may also, subject to the approval of the Secretary of Defense,” in the fifth sentence and inserting in lieu thereof “Secretary may”; and (F) by striking out “Board” each place it appears in subsections (f), (i), and (j) and inserting in lieu thereof “Secretary”. (3) Section 2114(e)(1) of such title is amended by striking out “Board, upon approval of the Secretary of Defense,” and inserting in lieu thereof “Secretary of Defense”.

16. 1996

    National Defense Authorization Act for Fiscal Year 1997

    Pub. L. 104–201 div. A title VII § 741(b) · 110 Stat. 2422

    Added · 10 U.S.C. § 2114(h)

    Pub. L. 104–201 added subsec. (h)

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 104–201 added subsec. (h).

    Enacted provision · exact public law section
    (b) Uniformed Services University of the Health Sciences.— Section 2114 of title 10, United States Code is amended by adding at the end the following new subsection: “(h) A graduate of the University who is relieved of the graduate’s active-duty service obligation under subsection (b) before the completion of that active-duty service obligation may be given, with or without the consent of the graduate, an alternative obligation in the same manner as provided in subparagraphs (A) and (B) of paragraph (1) of section 2123(e)(1) of this title or paragraph (2) of such section for members of the Armed Forces Health Professions Scholarship and Financial Assistance program.”.

17. 1997

    National Defense Authorization Act for Fiscal Year 1998

    Pub. L. 105–85 div. A title X § 1073(a)(38) · 111 Stat. 1629

    Substituted · 10 U.S.C. § 2114(h)

    Pub. L. 105–85 substituted “section 2123(e)” for “section 2123(e)(1)”

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 105–85 substituted “section 2123(e)” for “section 2123(e)(1)”.

    Enacted provision · exact public law section
    (38) Section 2114(h) is amended by striking out “section 2123(e)(1)” and inserting in lieu thereof “section 2123(e)”.

18. 2004

    Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005

    Pub. L. 108–375 div. A title V § 501(e) · 118 Stat. 1811

    Substituted · 10 U.S.C. § 2114(b)

    Pub. L. 108–375, in introductory provisions, substituted “They shall be appointed as regular officers in the grade of second lieutenant or ensign and shall serve on active duty in that grade. Upon graduation they shall be required to serve on active duty” for “Notwithstanding any other provision of law, they shall serve on active duty in pay grade O–1 with full pay and allowances of that grade. Upon graduation they shall be appointed in a regular component, if qualified,”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 108–375, in introductory provisions, substituted “They shall be appointed as regular officers in the grade of second lieutenant or ensign and shall serve on active duty in that grade. Upon graduation they shall be required to serve on active duty” for “Notwithstanding any other provision of law, they shall serve on active duty in pay grade O–1 with full pay and allowances of that grade. Upon graduation they shall be appointed in a regular component, if qualified,”.

    Enacted provision · exact public law section
    (e) All Regular Officer Appointments for Students of the University of Health Sciences.— Section 2114(b) of such title is amended by striking “Notwithstanding any other provision of law, they shall serve” in the second sentence and all that follows through “if qualified,” in the third sentence and inserting “They shall be appointed as regular officers in the grade of second lieutenant or ensign and shall serve on active duty in that grade. Upon graduation they shall be required to serve on active duty”.

19. 2008

    National Defense Authorization Act for Fiscal Year 2008

    Pub. L. 110–181 § 524(a)(1)(B) · 122 Stat. 3

    1. Amended · 10 U.S.C. § 2114(b); 10 U.S.C. § 2114(c)

       Pub. L. 110–181, § 524(a)(1)(B), (2)(A), designated first 3 sentences of subsec. (b) as subsec. (b)(1)

    2. Added · 10 U.S.C. § 2114(b); 10 U.S.C. § 2114(c)

       Pub. L. 110–181, § 524(a)(1)(B), (2)(A), added subsec. (b)(2)

    3. Amended · 10 U.S.C. § 2114(b); 10 U.S.C. § 2114(c)

       Pub. L. 110–181, § 524(a)(1)(B), (2)(A), designated last 3 sentences of subsec. (b) as subsec. (c)

    4. Redesignated · 10 U.S.C. § 2114(b); 10 U.S.C. § 2114(c)

       Pub. L. 110–181, § 524(a)(1)(B), (2)(A), substituted “Medical students who graduate” for “Upon graduation they”. Former subsec. (c) redesignated (d)

    Source evidence

    Code amendment note
    Subsecs. (b), (c). Pub. L. 110–181, § 524(a)(1)(B), (2)(A), designated first 3 sentences of subsec. (b) as subsec. (b)(1), added subsec. (b)(2), designated last 3 sentences of subsec. (b) as subsec. (c), and substituted “Medical students who graduate” for “Upon graduation they”. Former subsec. (c) redesignated (d).

    Enacted provision · exact public law section
    (B) in subsection (b)— (i) by inserting “(1)” after “(b)”; and (ii) by inserting after the second sentence the following new paragraph: “(2) If a member of the uniformed services selected to be a student has prior active service in a pay grade and with years of service credited for pay that would entitle the member, if the member remained in the former grade, to a rate of basic pay in excess of the rate of basic pay for regular officers in the grade of second lieutenant or ensign, the member shall be paid basic pay based on the former grade and years of service credited for pay. The amount of such basic pay for the member shall be increased on January 1 of each year by the percentage by which basic pay is increased on average on that date for that year, and the member shall continue to receive basic pay based on the former grade and years of service until the date, whether occurring before or after graduation, on which the basic pay for the member in the member’s actual grade and years of service credited for pay exceeds the amount of basic pay to which the member is entitled based on the member’s former grade and years of service.” .

    Effective date note
    Amendment by Pub. L. 110–417 effective Jan. 28, 2008, and as if included in Pub. L. 110–181 as enacted, see section 1061(b) of Pub. L. 110–417, set out as a note under section 6382 of Title 5, Government Organization and Employees.

20. 2008

    National Defense Authorization Act for Fiscal Year 2008

    Pub. L. 110–181 § 524(a)(1)(A) · 122 Stat. 3

    Redesignated · 10 U.S.C. § 2114(d)(f)

    Pub. L. 110–181, § 524(a)(1)(A), redesignated subsecs. (c) to (e) as (d) to (f), respectively. Former subsec. (f) redesignated (g)

    Source evidence

    Code amendment note
    Subsecs. (d) to (f). Pub. L. 110–181, § 524(a)(1)(A), redesignated subsecs. (c) to (e) as (d) to (f), respectively. Former subsec. (f) redesignated (g).

    Enacted provision · exact public law section
    (A) by redesignating subsections (c) through (h) as subsections (d) through (i), respectively; and

    Effective date note
    Amendment by Pub. L. 110–417 effective Jan. 28, 2008, and as if included in Pub. L. 110–181 as enacted, see section 1061(b) of Pub. L. 110–417, set out as a note under section 6382 of Title 5, Government Organization and Employees.

21. 2008

    National Defense Authorization Act for Fiscal Year 2008

    Pub. L. 110–181 § 954(b)(2) · 122 Stat. 3

    1. Amended · 10 U.S.C. § 2114(f)(3); 10 U.S.C. § 2114(f)(5)

       Pub. L. 110–181, § 954(b)(2), as amended by Pub. L. 110–417, § 1061(b)(9)

    2. Substituted · 10 U.S.C. § 2114(f)(3); 10 U.S.C. § 2114(f)(5)

       Pub. L. 110–181, § 954(b)(2), as substituted “President” for “Dean” wherever appearing

    Source evidence

    Code amendment note
    Subsec. (f)(3), (5). Pub. L. 110–181, § 954(b)(2), as amended by Pub. L. 110–417, § 1061(b)(9), substituted “President” for “Dean” wherever appearing.

    Enacted provision · exact public law section
    (2) Section 2114(e) of such title is amended by striking “Dean” each place it appears in paragraphs (3) and (5).

    Effective date note
    Amendment by Pub. L. 110–417 effective Jan. 28, 2008, and as if included in Pub. L. 110–181 as enacted, see section 1061(b) of Pub. L. 110–417, set out as a note under section 6382 of Title 5, Government Organization and Employees.

22. 2008

    National Defense Authorization Act for Fiscal Year 2008

    Pub. L. 110–181 § 524(a)(1)(A) · 122 Stat. 3

    Redesignated · 10 U.S.C. § 2114(g)

    Pub. L. 110–181, § 524(a)(1)(A), redesignated subsec. (f) as (g). Former subsec. (g) redesignated (h)

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 110–181, § 524(a)(1)(A), redesignated subsec. (f) as (g). Former subsec. (g) redesignated (h).

    Enacted provision · exact public law section
    (A) by redesignating subsections (c) through (h) as subsections (d) through (i), respectively; and

    Effective date note
    Amendment by Pub. L. 110–417 effective Jan. 28, 2008, and as if included in Pub. L. 110–181 as enacted, see section 1061(b) of Pub. L. 110–417, set out as a note under section 6382 of Title 5, Government Organization and Employees.

23. 2008

    National Defense Authorization Act for Fiscal Year 2008

    Pub. L. 110–181 § 954(a)(3)(B) · 122 Stat. 3

    1. Amended · 10 U.S.C. § 2114(h)

       Pub. L. 110–181, § 954(a)(3)(B), as amended by Pub. L. 110–417, § 1061(b)(8)

    2. Substituted · 10 U.S.C. § 2114(h)

       Pub. L. 110–181, § 954(a)(3)(B), as substituted “2113(e)” for “2113(h)”

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 110–181, § 954(a)(3)(B), as amended by Pub. L. 110–417, § 1061(b)(8), substituted “2113(e)” for “2113(h)”.

    Enacted provision · exact public law section
    (B) Section 2114(h) of such title is amended by striking “2113(h)” and inserting “2113(e)”.

    Effective date note
    Amendment by Pub. L. 110–417 effective Jan. 28, 2008, and as if included in Pub. L. 110–181 as enacted, see section 1061(b) of Pub. L. 110–417, set out as a note under section 6382 of Title 5, Government Organization and Employees.

24. 2008

    National Defense Authorization Act for Fiscal Year 2008

    Pub. L. 110–181 § 524(a)(1)(A) · 122 Stat. 3

    Redesignated · 10 U.S.C. § 2114(h)

    Pub. L. 110–181, § 524(a)(1)(A), redesignated subsec. (g) as (h). Former subsec. (h) redesignated (i)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 110–181, § 524(a)(1)(A), redesignated subsec. (g) as (h). Former subsec. (h) redesignated (i).

    Enacted provision · exact public law section
    (A) by redesignating subsections (c) through (h) as subsections (d) through (i), respectively; and

    Effective date note
    Amendment by Pub. L. 110–417 effective Jan. 28, 2008, and as if included in Pub. L. 110–181 as enacted, see section 1061(b) of Pub. L. 110–417, set out as a note under section 6382 of Title 5, Government Organization and Employees.

25. 2008

    National Defense Authorization Act for Fiscal Year 2008

    Pub. L. 110–181 § 524(a)(2)(B) · 122 Stat. 3

    Substituted · 10 U.S.C. § 2114(i)

    Pub. L. 110–181, § 524(a)(2)(B), substituted “subsection (c)” for “subsection (b)”

    Source evidence

    Code amendment note
    Subsec. (i). Pub. L. 110–181, § 524(a)(2)(B), substituted “subsection (c)” for “subsection (b)”.

    Enacted provision · exact public law section
    (B) in subsection (i), as redesignated by paragraph (1), by striking “subsection (b)” and inserting “subsection (c)”.

    Effective date note
    Amendment by Pub. L. 110–417 effective Jan. 28, 2008, and as if included in Pub. L. 110–181 as enacted, see section 1061(b) of Pub. L. 110–417, set out as a note under section 6382 of Title 5, Government Organization and Employees.

26. 2008

    National Defense Authorization Act for Fiscal Year 2008

    Pub. L. 110–181 § 524(a)(1)(A) · 122 Stat. 3

    Redesignated · 10 U.S.C. § 2114(i)

    Pub. L. 110–181, § 524(a)(1)(A), redesignated subsec. (h) as (i)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 110–181, § 524(a)(1)(A), redesignated subsec. (h) as (i).

    Enacted provision · exact public law section
    (A) by redesignating subsections (c) through (h) as subsections (d) through (i), respectively; and

    Effective date note
    Amendment by Pub. L. 110–417 effective Jan. 28, 2008, and as if included in Pub. L. 110–181 as enacted, see section 1061(b) of Pub. L. 110–417, set out as a note under section 6382 of Title 5, Government Organization and Employees.

27. 2021

    National Defense Authorization Act for Fiscal Year 2022

    Pub. L. 117–81 div. A title VII § 718 · 135 Stat. 1541

    1. Substituted · 10 U.S.C. § 2114(h)

       Pub. L. 117–81 substituted “(1) The Secretary of Defense, in coordination with the Secretary of Health and Human Services and the Secretary of Veterans Affairs,” for “The Secretary of Defense”

    2. Added · 10 U.S.C. § 2114(h)

       Pub. L. 117–81 added par. (2)

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 117–81 substituted “(1) The Secretary of Defense, in coordination with the Secretary of Health and Human Services and the Secretary of Veterans Affairs,” for “The Secretary of Defense” and added par. (2).

    Enacted provision · exact public law section
    SEC. 718. AUTHORIZATION OF PROVISION OF INSTRUCTION AT UNIFORMED SERVICES UNIVERSITY OF THE HEALTH SCIENCES TO CERTAIN FEDERAL EMPLOYEES.   Section 2114(h) of title 10, United States Code, is amended— (1) by striking “The Secretary of Defense” and inserting “(1) The Secretary of Defense, in coordination with the Secretary of Health and Human Services and the Secretary of Veterans Affairs,”; and (2) by adding at the end the following new paragraph: “(2) (A) A covered employee whose employment or service with the Department of Veterans Affairs, Public Health Service, or Coast Guard (as applicable) is in a position relevant to national security or health sciences may receive instruction at the University within the scope of such employment or service. “(B) If a covered employee receives instruction at the University pursuant to subparagraph (A), the head of the Federal agency concerned shall reimburse the University for the cost of providing such instruction to the covered employee. Amounts received by the University under this subparagraph shall be retained by the University to defray the costs of such instruction. “(C) Determination. Notwithstanding subsections (b) through (e) and subsection (i), the head of the Federal agency concerned shall determine the service obligations of the covered employee receiving instruction at the University pursuant to subparagraph (A) in accordance with applicable law. “(D) In this paragraph— “(i) the term ‘covered employee’ means an employee of the Department of Veterans Affairs, a civilian employee of the Public Health Service, a member of the commissioned corps of the Public Health Service, a member of the Coast Guard, or a civilian employee of the Coast Guard; and “(ii) the term ‘head of the Federal agency concerned’ means the head of the Federal agency that employs, or has jurisdiction over the uniformed service of, a covered employee permitted to receive instruction at the University under subparagraph (A) in the relevant position described in such subparagraph.” .

34 of 34 references resolved to an enrolled provision