§ 2126. Members of the program: service credit

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. § 2126

   Added Pub. L. 92–426, § 2(a), Sept. 21, 1972, 86 Stat. 718

   Source evidence

   Code source credit
   Added Pub. L. 92–426, § 2(a), Sept. 21, 1972, 86 Stat. 718

   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. 1980

   Defense Officer Personnel Management Act

   Pub. L. 96–513 title V § 501(22) · 94 Stat. 2835

   Struck · 10 U.S.C. § 2126

   Pub. L. 96–513 struck out “, other than subsection (a)(7) and (8),” after “section 205”

   Source evidence

   Code amendment note
   Cl. (2). Pub. L. 96–513 struck out “, other than subsection (a)(7) and (8),” after “section 205”.

   Enacted provision · exact public law section
   (22) Section 2126(2) is amended by striking out ”, other than subsection (a) (7) and (8),”.

   Effective date note
   Amendment by Pub. L. 96–513 effective Sept. 15, 1981, see section 701 of Pub. L. 96–513, set out as a note under section 101 of this title.

3. 1996

   National Defense Authorization Act for Fiscal Year 1997

   Pub. L. 104–201 div. A title V § 543(a) · 110 Stat. 2422

   1. Amended · 10 U.S.C. § 2126

      Pub. L. 104–201 designated existing provisions as subsec. (a)

   2. Inserted · 10 U.S.C. § 2126

      Pub. L. 104–201 inserted heading

   3. Substituted · 10 U.S.C. § 2126

      Pub. L. 104–201 substituted “Except as provided in subsection (b), service performed” for “Service performed”

   4. Added · 10 U.S.C. § 2126

      Pub. L. 104–201 added subsec. (b)

   Source evidence

   Code amendment note
   Pub. L. 104–201 designated existing provisions as subsec. (a), inserted heading, substituted “Except as provided in subsection (b), service performed” for “Service performed”, and added subsec. (b).

   Enacted provision · exact public law section
   (a) Credit Authorized.— Section 2126 of title 10, United States Code, is amended— (1) by striking out “Service performed” and inserting in lieu thereof “(a) Service Not Creditable.—Except as provided in subsection (b), service performed”; and (2) by adding at the end the following: “(b) Service Creditable for Certain Purposes.— (1) The Secretary concerned may authorize service performed by a member of the program in pursuit of a course of study under this subchapter to be counted in accordance with this subsection if the member— “(A) completes the course of study; “(B) completes the active duty obligation imposed under section 2123(a) of this title; and “(C) possesses a specialty designated by the Secretary concerned as critically needed in wartime. “(2) Service credited under paragraph (1) counts only for the following purposes: “(A) Award of retirement points for computation of years of service under section 12732 of this title and for computation of retired pay under section 12733 of this title. “(B) Computation of years of service creditable under section 205 of title 37. “(3) For purposes of paragraph (2)(A), a member may be credited in accordance with paragraph (1) with not more than 50 points for each year of participation in a course of study that the member satisfactorily completes as a member of the program. “(4) Service may not be counted under paragraph (1) for more than four years of participation in a course of study as a member of the program. “(5) A member is not entitled to any retroactive award of, or increase in, pay or allowances under title 37 by reason of an award of service credit under paragraph (1).”.

4. 1999

   Pub. L. 106–65 § 544(1) · 113 Stat. 512

   1. Added · 10 U.S.C. § 2126(b)(2)

      Pub. L. 106–65, § 544(1), added par. (2)

   2. Struck · 10 U.S.C. § 2126(b)(2)

      Pub. L. 106–65, § 544(1), struck out former par. (2) which read as follows: “Service credited under paragraph (1) counts only for the following purposes:

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 106–65, § 544(1), added par. (2) and struck out former par. (2) which read as follows: “Service credited under paragraph (1) counts only for the following purposes:

   “(A) Award of retirement points for computation of years of service under section 12732 of this title and for computation of retired pay under section 12733 of this title. “(B) Computation of years of service creditable under section 205 of title 37.”

   Enacted provision · exact public law section
   (1) by striking paragraphs (2) and (3) and inserting the following: “(2) Service credited under paragraph (1) counts only for the award of retirement points for computation of years of service under section 12732 of this title and for computation of retired pay under section 12733 of this title. “(3) The number of points credited to a member under paragraph (1) for a year of participation in a course of study is 50. The points shall be credited to the member for one of the years of that participation at the end of each year after the completion of the course of study that the member serves in the Selected Reserve and is credited under section 12732(a)(2) of this title with at least 50 points. The points credited for the participation shall be recorded in the member’s records as having been earned in the year of the participation in the course of study.

5. 1999

   Pub. L. 106–65 § 544(1) · 113 Stat. 512

   1. Added · 10 U.S.C. § 2126(b)(3)

      Pub. L. 106–65, § 544(1), added par. (3)

   2. Struck · 10 U.S.C. § 2126(b)(3)

      Pub. L. 106–65, § 544(1), struck out former par. (3) which read as follows: “For purposes of paragraph (2)(A), a member may be credited in accordance with paragraph (1) with not more than 50 points for each year of participation in a course of study that the member satisfactorily completes as a member of the program.”

   Source evidence

   Code amendment note
   Subsec. (b)(3). Pub. L. 106–65, § 544(1), added par. (3) and struck out former par. (3) which read as follows: “For purposes of paragraph (2)(A), a member may be credited in accordance with paragraph (1) with not more than 50 points for each year of participation in a course of study that the member satisfactorily completes as a member of the program.”

   Enacted provision · exact public law section
   (1) by striking paragraphs (2) and (3) and inserting the following: “(2) Service credited under paragraph (1) counts only for the award of retirement points for computation of years of service under section 12732 of this title and for computation of retired pay under section 12733 of this title. “(3) The number of points credited to a member under paragraph (1) for a year of participation in a course of study is 50. The points shall be credited to the member for one of the years of that participation at the end of each year after the completion of the course of study that the member serves in the Selected Reserve and is credited under section 12732(a)(2) of this title with at least 50 points. The points credited for the participation shall be recorded in the member’s records as having been earned in the year of the participation in the course of study.

6. 1999

   Pub. L. 106–65 § 544(2) · 113 Stat. 512

   1. Added · 10 U.S.C. § 2126(b)(5); 10 U.S.C. § 2126(b)(6)

      Pub. L. 106–65, § 544(2), (3), added par. (5)

   2. Redesignated · 10 U.S.C. § 2126(b)(5); 10 U.S.C. § 2126(b)(6)

      Pub. L. 106–65, § 544(2), (3), redesignated former par. (5) as (6)

   Source evidence

   Code amendment note
   Subsec. (b)(5), (6). Pub. L. 106–65, § 544(2), (3), added par. (5) and redesignated former par. (5) as (6).

   Enacted provision · exact public law section
   (2) by redesignating paragraph (5) as paragraph (6); and

12 of 12 references resolved to an enrolled provision