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Title 10 — Armed Forces

Part IV · Chapter 155 — Acceptance of Gifts and Services

§ 2603. Acceptance of fellowships, scholarships, or grants

Statutory text

(a)

Notwithstanding any other provision of law, a fellowship, scholarship, or grant may, under regulations to be prescribed by the President (or an individual designated by the President), be made by a corporation, fund, foundation, or educational institution that is organized and operated primarily for scientific, literary, or educational purposes to any member of the armed forces, and the benefits thereof may be accepted by the member—

(1)

in recognition of outstanding performance in the field of the member;

(2)

to undertake a project that may be of value to the United States; or

(3)

for development of the recognized potential for future career service of the member.

However, the benefits of such a fellowship, scholarship, or grant may be accepted by the member in addition to the member’s pay and allowances only to the extent that those benefits would be conferred upon the member if the education or training contemplated by that fellowship, scholarship, or grant were provided at the expense of the United States. In addition, if such a benefit, in cash or in kind, is for travel, subsistence, or other expenses, an appropriate reduction shall be made from any payment that is made for the same purpose to the member by the United States incident to the member’s acceptance of the fellowship, scholarship, or grant.

(b)

Each member of the armed forces who accepts a fellowship, scholarship, or grant in accordance with subsection (a) shall, before he is permitted to undertake the education or training contemplated by that fellowship, scholarship, or grant, agree in writing that, after he completes the education or training, he will serve on active duty for a period determined by the Secretary concerned, which may not be less than twice the length of the period of the education or training. Notwithstanding section 2004(c) of this title, the service obligation required under this subsection may run concurrently with any service obligations incurred under chapter 101 of this title in accordance with regulations established by the Secretary concerned.

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. Pub. L. 87–555 § 1(1) · 76 Stat. 244

    Enacted · 10 U.S.C. § 2603

    Added Pub. L. 87–555, § 1(1), July 27, 1962, 76 Stat. 244

    Source evidence

    Code source credit
    Added Pub. L. 87–555, § 1(1), July 27, 1962, 76 Stat. 244

    Enacted provision · exact public law section
    (1) by adding the following new section at the end thereof: “§2603. Acceptance of fellowships, scholarships, or grants “(a) Notwithstanding any other provision of law, a fellowship, scholarship, or grant may, under regulations to be prescribed by the President or his designee, be made by a corporation, fund, foundation, or educational institution that is organized and operated primarily for scientific, literary, or educational purposes to any member of the Armed Forces, and the benefits thereof may be accepted by him— “(1) in recognition of outstanding performance in his field; “(2) to undertake a project that may be of value to the United States; or “(3) for development of his recognized potential for future career service. “However, the benefits of such a fellowship, scholarship, or grant may be accepted by the member in addition to his pay and allowances only to the extent that those benefits would be conferred upon him if the education or training contemplated by that fellowship, scholarship, or grant were provided at the expense of the United States. In addition, if such a benefit, in cash or in kind, is for travel, subsistence. or other expenses, an appropriate reduction shall be made from any payment that is made for the same purpose to the member by the United States incident to his acceptance of the fellowship, scholarship, or grant. “(b) Each member of the Armed Forces who accepts a fellowship, scholarship, or grant in accordance with subsection (a) shall, before he is permitted to undertake the education or training contemplated by that fellowship, scholarship, or grant, agree in writing that, after he completes the education or training, he will serve on active duty for a period at least three times the length of the period of the education or training.”; and

  2. Ike Skelton National Defense Authorization Act for Fiscal Year 2011

    Pub. L. 111–383 div. A title X § 1075(b)(39) · 124 Stat. 4137

    Substituted · 10 U.S.C. § 2603

    Pub. L. 111–383 substituted “armed forces” for “Armed Forces” in two places

    Source evidence

    Code amendment note
    Pub. L. 111–383 substituted “armed forces” for “Armed Forces” in two places.

    Enacted provision · exact public law section
    (39) Section 2603 is amended by striking “Armed Forces” both places it appears and inserting “armed forces”.

  3. James M. Inhofe National Defense Authorization Act for Fiscal Year 2023

    Pub. L. 117–263 § 523(b)(1) · 136 Stat. 2395

    1. Substituted · 10 U.S.C. § 2603(a)

      Pub. L. 117–263, § 523(b)(1), (4), in introductory provisions, substituted “(or an individual designated by the President)” for “or his designee” and, in concluding provisions

    2. Substituted · 10 U.S.C. § 2603(a)

      Pub. L. 117–263, § 523(b)(1), (4), in introductory provisions, substituted “the member—” for “him—” and, in concluding provisions

    3. Substituted · 10 U.S.C. § 2603(a)

      Pub. L. 117–263, § 523(b)(1), (4), in introductory provisions, substituted “the member’s” for “his”

    4. Substituted · 10 U.S.C. § 2603(a)

      Pub. L. 117–263, § 523(b)(1), (4), in introductory provisions, substituted “the member” for “him”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 117–263, § 523(b)(1), (4), in introductory provisions, substituted “(or an individual designated by the President)” for “or his designee” and “the member—” for “him—”, and, in concluding provisions, substituted “the member’s” for “his” in two places and “the member” for “him”.

    Enacted provision · exact public law section
    (1) in the matter preceding paragraph (1)— (A) by striking “or his designee” and inserting “(or an individual designated by the President)”; and (B) by striking “him” and inserting “the member”;

  4. James M. Inhofe National Defense Authorization Act for Fiscal Year 2023

    Pub. L. 117–263 § 523(b)(2) · 136 Stat. 2395

    Substituted · 10 U.S.C. § 2603(a)(1)

    Pub. L. 117–263, § 523(b)(2), substituted “the field of the member” for “his field”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 117–263, § 523(b)(2), substituted “the field of the member” for “his field”.

    Enacted provision · exact public law section
    (2) in paragraph (1), by striking “his field” and inserting “the field of the member”;

  5. James M. Inhofe National Defense Authorization Act for Fiscal Year 2023

    Pub. L. 117–263 § 523(b)(3) · 136 Stat. 2395

    Substituted · 10 U.S.C. § 2603(a)(3)

    Pub. L. 117–263, § 523(b)(3), substituted “the recognized potential for future career service of the member” for “his recognized potential for future career service”

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 117–263, § 523(b)(3), substituted “the recognized potential for future career service of the member” for “his recognized potential for future career service”.

    Enacted provision · exact public law section
    (3) in paragraph (3), by striking “his recognized potential for future career service” and inserting “the recognized potential for future career service of the member”; and

  6. James M. Inhofe National Defense Authorization Act for Fiscal Year 2023

    Pub. L. 117–263 § 523(a) · 136 Stat. 2395

    Struck · 10 U.S.C. § 2603(b)

    Pub. L. 117–263, § 523(a), struck out “at least” before “three times”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 117–263, § 523(a), struck out “at least” before “three times”.

    Enacted provision · exact public law section
    (a) Limitation.— Subsection (b) of section 2603 of title 10, United States Code, is amended by striking “at least”.

  7. Pub. L. 118–159 div. A title V § 524 · 138 Stat. 1884

    Substituted · 10 U.S.C. § 2603(b)

    Pub. L. 118–159 substituted “determined by the Secretary concerned, which may not be less than twice the length of the period of the education or training. Notwithstanding section 2004(c) of this title, the service obligation required under this subsection may run concurrently with any service obligations incurred under chapter 101 of this title in accordance with regulations established by the Secretary concerned.” for “three times the length of the period of the education or training.”

    Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 118–159 substituted “determined by the Secretary concerned, which may not be less than twice the length of the period of the education or training. Notwithstanding section 2004(c) of this title, the service obligation required under this subsection may run concurrently with any service obligations incurred under chapter 101 of this title in accordance with regulations established by the Secretary concerned.” for “three times the length of the period of the education or training.”

9 of 10 references resolved to an enrolled provision · 1 unresolved

Editorial Notes

Amendments2011–2024 · 3 rounds

2024

Subsec. (b). Pub. L. 118–159 substituted “determined by the Secretary concerned, which may not be less than twice the length of the period of the education or training. Notwithstanding section 2004(c) of this title, the service obligation required under this subsection may run concurrently with any service obligations incurred under chapter 101 of this title in accordance with regulations established by the Secretary concerned.” for “three times the length of the period of the education or training.”

2022

Subsec. (a). Pub. L. 117–263, § 523(b)(1), (4), in introductory provisions, substituted “(or an individual designated by the President)” for “or his designee” and “the member—” for “him—”, and, in concluding provisions, substituted “the member’s” for “his” in two places and “the member” for “him”.

Subsec. (a)(1). Pub. L. 117–263, § 523(b)(2), substituted “the field of the member” for “his field”.

Subsec. (a)(3). Pub. L. 117–263, § 523(b)(3), substituted “the recognized potential for future career service of the member” for “his recognized potential for future career service”.

Subsec. (b). Pub. L. 117–263, § 523(a), struck out “at least” before “three times”.

2011

Pub. L. 111–383 substituted “armed forces” for “Armed Forces” in two places.

Executive Documents

Ex. Ord. No. 11079. Regulations for Acceptance of Fellowships, Scholarships, or Grants

Ex. Ord. No. 11079, , 28 F.R. 819, as amended by Ex. Ord. No. 11382, , 32 F.R. 16247; Ex. Ord. No. 12608, , 52 F.R. 34617; Ex. Ord. No. 13286, § 69, , 68 F.R. 10630, provided:

By virtue of the authority vested in me by section 2603 of Title 10, United States Code [this section], I hereby designate the Secretary of Defense, with respect to members of the Army, Navy, Air Force, and Marine Corps, the Secretary of Homeland Security, with respect to members of the Coast Guard when it is not operating as a service in the Navy, and the Secretary of Health and Human Services, with respect to commissioned officers of the Public Health Service, to prescribe regulations under which members of the Armed Forces and commissioned officers of the Public Health Service may accept fellowships, scholarships, or grants from corporations, funds, foundations, or educational institutions organized and operated primarily for scientific, literary, or educational purposes. To the extent practicable, such regulations shall be uniform.

Credits

1962–2024 · 4 acts
  1. 1962Added Pub. L. 87–555, § 1(1), , 76 Stat. 244
  2. 2011amended Pub. L. 111–383, div. A, title X, § 1075(b)(39), , 124 Stat. 4371
  3. 2022Pub. L. 117–263, div. A, title V, § 523, , 136 Stat. 2571
  4. 2024Pub. L. 118–159, div. A, title V, § 524, , 138 Stat. 1884.
Show as published

(Added Pub. L. 87–555, § 1(1), , 76 Stat. 244; amended Pub. L. 111–383, div. A, title X, § 1075(b)(39), , 124 Stat. 4371; Pub. L. 117–263, div. A, title V, § 523, , 136 Stat. 2571; Pub. L. 118–159, div. A, title V, § 524, , 138 Stat. 1884.)

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