US (United States) Code. Title 10. Subtitle A: General Military Law. Chapter 105

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Armed Forces. Training and education. Health professions financial assistance programs

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-CITE-

10 USC CHAPTER 105 - ARMED FORCES HEALTH PROFESSIONS

FINANCIAL ASSISTANCE PROGRAMS 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART III - TRAINING AND EDUCATION

CHAPTER 105 - ARMED FORCES HEALTH PROFESSIONS FINANCIAL ASSISTANCE

PROGRAMS

.

-HEAD-

CHAPTER 105 - ARMED FORCES HEALTH PROFESSIONS FINANCIAL ASSISTANCE

PROGRAMS

-MISC1-

Subchapter Sec.

I. Health Professions Scholarship and Financial Assistance

Program for Active Service 2120

II. Nurse Officer Candidate Accession Program 2130a

AMENDMENTS

1994 - Pub. L. 103-337, div. A, title XVI, Sec. 1663(c)(7)(A),

Oct. 5, 1994, 108 Stat. 3008, redesignated item for subchapter III

as item for subchapter II and struck out former item for subchapter

II ''Health Professions Stipend Program for Reserve Service''.

1989 - Pub. L. 101-189, div. A, title VII, Sec. 707(b),

725(h)(3), Nov. 29, 1989, 103 Stat. 1475, 1480, substituted ''and

Financial Assistance Program'' for ''Program'' in item for

subchapter I and added item for subchapter III.

1987 - Pub. L. 100-180, div. A, title VII, Sec. 711(a)(1), Dec.

4, 1987, 101 Stat. 1108, substituted ''FINANCIAL ASSISTANCE

PROGRAMS'' for ''SCHOLARSHIP PROGRAM'' in chapter heading, and

added subchapter analysis, consisting of subchapters I and II.

-CITE-

10 USC SUBCHAPTER I - HEALTH PROFESSIONS SCHOLARSHIP AND

FINANCIAL ASSISTANCE PROGRAM FOR ACTIVE

SERVICE 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART III - TRAINING AND EDUCATION

CHAPTER 105 - ARMED FORCES HEALTH PROFESSIONS FINANCIAL ASSISTANCE

PROGRAMS

SUBCHAPTER I - HEALTH PROFESSIONS SCHOLARSHIP AND FINANCIAL

ASSISTANCE PROGRAM FOR ACTIVE SERVICE

.

-HEAD-

SUBCHAPTER I - HEALTH PROFESSIONS SCHOLARSHIP AND FINANCIAL

ASSISTANCE PROGRAM FOR ACTIVE SERVICE

-MISC1-

Sec.

2120. Definitions.

2121. Establishment.

2122. Eligibility for 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. Scholarships and financial assistance: payments.

AMENDMENTS

1989 - Pub. L. 101-189, div. A, title VII, Sec. 725(d)(3),

(h)(2), Nov. 29, 1989, 103 Stat. 1479, 1480, substituted ''AND

FINANCIAL ASSISTANCE PROGRAM'' for ''PROGRAM'' in subchapter

heading and ''Scholarships and financial assistance'' for

''Contracts for scholarships'' in item 2127.

1987 - Pub. L. 100-180, div. A, title VII, Sec. 711(a)(1), Dec.

4, 1987, 101 Stat. 1108, added subchapter heading.

1980 - Pub. L. 96-513, title V, Sec. 511(66), Dec. 12, 1980, 94

Stat. 2926, substituted in item 2123 ''program:'' for ''program;'',

and in items 2124 to 2127 '':'' for '';'' wherever appearing.

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in title 26 section 117.

-CITE-

10 USC Sec. 2120 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART III - TRAINING AND EDUCATION

CHAPTER 105 - ARMED FORCES HEALTH PROFESSIONS FINANCIAL ASSISTANCE

PROGRAMS

SUBCHAPTER I - HEALTH PROFESSIONS SCHOLARSHIP AND FINANCIAL

ASSISTANCE PROGRAM FOR ACTIVE SERVICE

-HEAD-

Sec. 2120. Definitions

-STATUTE-

In this subchapter:

(1) The term ''program'' means the Armed Forces Health

Professions Scholarship and Financial Assistance program provided

for in this subchapter.

(2) The term ''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 and Financial Assistance program.

(3) The term ''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.

(4) The term ''specialized training'' means advanced training

in a health professions specialty received in an accredited

program that is beyond the basic education required for

appointment as a commissioned officer with a designation as a

health professional.

-SOURCE-

(Added Pub. L. 92-426, Sec. 2(a), Sept. 21, 1972, 86 Stat. 717;

amended Pub. L. 98-94, title XII, Sec. 1268(13), Sept. 24, 1983, 97

Stat. 706; Pub. L. 100-26, Sec. 7(k)(2), Apr. 21, 1987, 101 Stat.

284; Pub. L. 100-180, div. A, title VII, Sec. 711(a)(2), Dec. 4,

1987, 101 Stat. 1108; Pub. L. 101-189, div. A, title VII, Sec.

725(a), (h)(1), Nov. 29, 1989, 103 Stat. 1478, 1480.)

-MISC1-

AMENDMENTS

1989 - Pars. (1), (2). Pub. L. 101-189, Sec. 725(h)(1),

substituted ''Scholarship and Financial Assistance program'' for

''Scholarship program''.

Par. (4). Pub. L. 101-189, Sec. 725(a), added par. (4).

1987 - Pub. L. 100-180 substituted ''subchapter'' for ''chapter''

in introductory text and in par. (1).

Pub. L. 100-26 inserted ''The term'' after each par. designation

and struck out uppercase letter of first word after first quotation

marks in each par. and substituted lowercase letter.

1983 - Pub. L. 98-94 substituted a colon for a dash after ''In

this chapter'' in text preceding par. (1).

-CITE-

10 USC Sec. 2121 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART III - TRAINING AND EDUCATION

CHAPTER 105 - ARMED FORCES HEALTH PROFESSIONS FINANCIAL ASSISTANCE

PROGRAMS

SUBCHAPTER I - HEALTH PROFESSIONS SCHOLARSHIP AND FINANCIAL

ASSISTANCE PROGRAM FOR ACTIVE SERVICE

-HEAD-

Sec. 2121. Establishment

-STATUTE-

(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 and financial

assistance program for his department.

(b) The program shall consist of courses of study and specialized

training in designated health professions, with obligatory periods

of military training.

(c) Persons participating in the program shall be commissioned

officers in reserve components of the armed forces. Members

pursuing a course of study shall serve on active duty in pay grade

O-1 with full pay and allowances of that grade for a period of 45

days during each year of participation in the program. Members

pursuing specialized training shall serve on active duty in a pay

grade commensurate with their educational level, as determined by

appointment under section 12207 of this title, with full pay and

allowances of that grade for a period of 14 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

(c), a member of the program shall be entitled to a stipend at the

rate of $579 per month. That rate shall be increased annually by

the Secretary of Defense effective on July 1 of each year by an

amount (rounded to the next highest multiple of $1) equal to -

(1) the amount of such stipend (as previously adjusted (if at

all)), multiplied by

(2) the overall percentage of the adjustment (if such

adjustment is an increase) in the rates of basic pay for members

of the uniformed services made effective for the fiscal year in

which the school year ends.

-SOURCE-

(Added Pub. L. 92-426, Sec. 2(a), Sept. 21, 1972, 86 Stat. 717;

amended Pub. L. 96-107, title VIII, Sec. 804(a), Nov. 9, 1979, 93

Stat. 812; Pub. L. 98-94, title IX, Sec. 935(a), Sept. 24, 1983, 97

Stat. 652; Pub. L. 101-189, div. A, title VII, Sec. 725(b), Nov.

29, 1989, 103 Stat. 1479; Pub. L. 101-510, div. A, title XIV, Sec.

1484(k)(7), Nov. 5, 1990, 104 Stat. 1719; Pub. L. 104-106, div. A,

title XV, Sec. 1501(c)(22), Feb. 10, 1996, 110 Stat. 499.)

-MISC1-

AMENDMENTS

1996 - Subsec. (c). Pub. L. 104-106 substituted ''section 12207''

for ''section 3353, 5600, or 8353''.

1990 - Subsec. (c). Pub. L. 101-510 substituted ''section'' for

''sections'' in third sentence.

1989 - Subsec. (a). Pub. L. 101-189, Sec. 725(b)(1), substituted

''scholarship and financial assistance program'' for ''scholarship

program''.

Subsec. (b). Pub. L. 101-189, Sec. 725(b)(2), substituted ''study

and specialized training'' for ''study''.

Subsec. (c). Pub. L. 101-189, Sec. 725(b)(3), substituted

''pursuing a course of study'' for ''of the program'' and inserted

after second sentence ''Members pursuing specialized training shall

serve on active duty in a pay grade commensurate with their

educational level, as determined by appointment under sections

3353, 5600, or 8353 of this title, with full pay and allowances of

that grade for a period of 14 days during each year of

participation in the program.''

1983 - Subsec. (d). Pub. L. 98-94 amended subsec. (d) generally,

substituting ''a stipend at the rate of $579 per month'' for ''a

stipend at the rate in effect under paragraph (1)(B) of section

751(g) of the Public Health Service Act (42 U.S.C. 294t(g)) for

students in the National Health Service Corps Scholarship program''

and inserting provision relating to an annual increase in the rate

by the Secretary of Defense effective on July 1 of each year.

1979 - Subsec. (d). Pub. L. 96-107 substituted provisions

relating to entitlement to a stipend at the rate in effect for

students in the National Health Services Corps Scholarship program,

for provisions authorizing a stipend at the rate of $400 per month.

EFFECTIVE DATE OF 1996 AMENDMENT

Section 1501(c)(22) of Pub. L. 104-106 provided that the

amendment made by that section is effective on the effective date

specified in section 1691(b)(1) of Pub. L. 103-337, set out as a

note under section 10001 of this title.

EFFECTIVE DATE OF 1983 AMENDMENT

Section 935(b) of Pub. L. 98-94 provided that: ''The amendment

made by subsection (a) (amending this section) shall take effect on

October 1, 1983.''

EFFECTIVE DATE OF 1979 AMENDMENT

Section 804(c) of Pub. L. 96-107 provided that: ''The amendments

made by this section (amending this section and section 313 of

Title 37, Pay and Allowances of the Uniformed Services) shall take

effect on October 1, 1979.''

MEMBERS OF RESERVE COMPONENTS; SPECIALIZED TRAINING ASSISTANCE IN

THE HEALTH PROFESSIONS

Pub. L. 99-145, title VI, Sec. 672(a)-(h), (j), Nov. 8, 1985, 99

Stat. 663, 664, effective Oct. 1, 1985, related to establishment

and maintenance of program to provide financial assistance to

persons engaged in specialized training in health professions who

agree to incur Selective Reserve obligation of 3 years for each

year for which financial assistance is provided, prior to repeal by

Pub. L. 100-180, div. A, title VII, Sec. 711(c)(1), (e)(1), Dec.

4, 1987, 101 Stat. 1111, effective Dec. 4, 1987, subject to a

savings provision, see below.

Pub. L. 100-180, div. A, title VII, Sec. 711(c)(2), Dec. 4,

1987, 101 Stat. 1111, provided that: ''The repeal of section 672 of

the Department of Defense Authorization Act, 1986 (section 672 of

Pub. L. 99-145, see above), by paragraph (1) does not affect an

agreement entered into under that section before such repeal, and

the provisions of such section as in effect before such repeal

shall continue to apply with respect to such agreement.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2005, 2127, 2173, 16201

of this title; title 37 sections 415, 1006.

-CITE-

10 USC Sec. 2122 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART III - TRAINING AND EDUCATION

CHAPTER 105 - ARMED FORCES HEALTH PROFESSIONS FINANCIAL ASSISTANCE

PROGRAMS

SUBCHAPTER I - HEALTH PROFESSIONS SCHOLARSHIP AND FINANCIAL

ASSISTANCE PROGRAM FOR ACTIVE SERVICE

-HEAD-

Sec. 2122. Eligibility for participation

-STATUTE-

(a) 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 or selected to receive

specialized training;

(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.

(b) The Secretary of Defense may require, as part of the

agreement under subsection (a)(2), that a person must agree to

accept, if offered, residency training in a health profession skill

which has been designated by the Secretary as a critically needed

wartime skill.

-SOURCE-

(Added Pub. L. 92-426, Sec. 2(a), Sept. 21, 1972, 86 Stat. 717;

amended Pub. L. 100-180, div. A, title VII, Sec. 712(a), Dec. 4,

1987, 101 Stat. 1112; Pub. L. 101-189, div. A, title VII, Sec.

725(c), Nov. 29, 1989, 103 Stat. 1479.)

-MISC1-

AMENDMENTS

1989 - Subsec. (a)(1). Pub. L. 101-189 substituted ''study or

selected to receive specialized training'' for ''study, as that

term is defined in section 2120(3) of this title''.

1987 - Pub. L. 100-180 designated existing provisions as subsec.

(a) and added subsec. (b).

-CITE-

10 USC Sec. 2123 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART III - TRAINING AND EDUCATION

CHAPTER 105 - ARMED FORCES HEALTH PROFESSIONS FINANCIAL ASSISTANCE

PROGRAMS

SUBCHAPTER I - HEALTH PROFESSIONS SCHOLARSHIP AND FINANCIAL

ASSISTANCE PROGRAM FOR ACTIVE SERVICE

-HEAD-

Sec. 2123. Members of the program: active duty obligation; failure

to complete training; release from program

-STATUTE-

(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 an active duty

obligation imposed by this section, but such relief shall not

relieve him from any military obligation imposed by any other law.

(e)(1) A member of the program who is relieved of the member's

active duty obligation under this subchapter before the completion

of that active duty obligation may be given, with or without the

consent of the member, any of the following alternative

obligations, as determined by the Secretary of the military

department concerned:

(A) A service obligation in another armed force for a period of

time not less than the member's remaining active duty service

obligation.

(B) A service obligation in a component of the Selected Reserve

for a period not less than twice as long as the member's

remaining active duty service obligation.

(C) Repayment to the Secretary of Defense of a percentage of

the total cost incurred by the Secretary under this subchapter on

behalf of the member equal to the percentage of the member's

total active duty service obligation being relieved, plus

interest.

(2) In addition to the alternative obligations specified in

paragraph (1), if the member is relieved of an active duty

obligation by reason of the separation of the member because of a

physical disability, the Secretary of the military department

concerned may give the member a service obligation as a civilian

employee employed as a health care professional in a facility of

the uniformed services for a period of time equal to the member's

remaining active duty service obligation.

(3) The Secretary of Defense shall prescribe regulations

describing the manner in which an alternative obligation may be

given under this subsection.

-SOURCE-

(Added Pub. L. 92-426, Sec. 2(a), Sept. 21, 1972, 86 Stat. 718;

amended Pub. L. 96-513, title V, Sec. 511(67), Dec. 12, 1980, 94

Stat. 2926; Pub. L. 100-180, div. A, title VII, Sec. 711(a)(2),

Dec. 4, 1987, 101 Stat. 1108; Pub. L. 101-597, title IV, Sec.

401(b), Nov. 16, 1990, 104 Stat. 3035; Pub. L. 104-201, div. A,

title VII, Sec. 741(a), Sept. 23, 1996, 110 Stat. 2599.)

-MISC1-

AMENDMENTS

1996 - Subsec. (e). Pub. L. 104-201 amended subsec. (e)

generally. Prior to amendment, subsec. (e) read as follows: ''Any

member of the program relieved of his active duty obligation under

this subchapter before the completion of such obligation may, under

regulations prescribed by the Secretary of Defense, be assigned to

a health professional shortage area designated by the Secretary of

Health and Human Services for a period equal to the period of

obligation from which he was relieved.''

1990 - Subsec. (e). Pub. L. 101-597 substituted ''a health

professional shortage area'' for ''an area of health manpower

shortage''.

1987 - Subsec. (e). Pub. L. 100-180 substituted ''subchapter''

for ''chapter''.

1980 - Subsec. (e). Pub. L. 96-513 substituted ''Secretary of

Health and Human Services'' for ''Secretary of Health, Education,

and Welfare''.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-201 applicable with respect to

individuals who first become members of Armed Forces Health

Professions Scholarship and Financial Assistance program or

students of Uniformed Services University of the Health Sciences on

or after Oct. 1, 1996, see section 741(c) of Pub. L. 104-201, set

out as a note under section 2114 of this title.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section

701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of

this title.

TRANSITION PROVISIONS

Section 741(d)(1) of Pub. L. 104-201 provided that: ''In the case

of any member of the Armed Forces Health Professions Scholarship

and Financial Assistance program who, as of October 1, 1996, is

serving an active duty obligation under the program or is incurring

an active duty obligation as a participant in the program, and who

is subsequently relieved of the active duty obligation before the

completion of the obligation, the alternative obligations

authorized by the amendment made by subsection (a) (amending this

section) may be used by the Secretary of the military department

concerned with the agreement of the member.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2114, 2126, 2173 of this

title.

-CITE-

10 USC Sec. 2124 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART III - TRAINING AND EDUCATION

CHAPTER 105 - ARMED FORCES HEALTH PROFESSIONS FINANCIAL ASSISTANCE

PROGRAMS

SUBCHAPTER I - HEALTH PROFESSIONS SCHOLARSHIP AND FINANCIAL

ASSISTANCE PROGRAM FOR ACTIVE SERVICE

-HEAD-

Sec. 2124. Members of the program: numbers appointed

-STATUTE-

The number of persons who may be designated as members of the

program for training in each health profession shall be as

prescribed by the Secretary of Defense, except that the total

number of persons so designated may not, at any time, exceed 6,000.

-SOURCE-

(Added Pub. L. 92-426, Sec. 2(a), Sept. 21, 1972, 86 Stat. 718;

amended Pub. L. 99-145, title VI, Sec. 672(i), Nov. 8, 1985, 99

Stat. 664; Pub. L. 100-180, div. A, title VII, Sec. 711(a)(2),

712(b)(1), Dec. 4, 1987, 101 Stat. 1108, 1112; Pub. L. 101-189,

div. A, title VII, Sec. 725(g), Nov. 29, 1989, 103 Stat. 1480;

Pub. L. 102-190, div. A, title VII, Sec. 717, Dec. 5, 1991, 105

Stat. 1404.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-190 substituted ''except that the total number

of persons so designated may not, at any time, exceed 6,000.'' for

''except that -

''(1) the total number of persons so designated in all of the

programs authorized by this subchapter shall not, at any time,

exceed 6,000; and

''(2) after September 30, 1991, of the total number of persons

so designated, at least 2,500 shall be persons -

''(A) who are in the final two years of their course of

study; and

''(B) who have agreed to accept, if offered, residency

training in a health profession skill which has been designated

by the Secretary as a critically needed wartime skill.''

1989 - Par. (2). Pub. L. 101-189 inserted ''after September 30,

1991,'' after ''(2)''.

1987 - Pub. L. 100-180, Sec. 712(b)(1), substituted ''except that

- '' and pars. (1) and (2) for ''except that the total number of

persons so designated in all of the programs authorized by this

subchapter shall not, at any time, exceed 6,000.''

Pub. L. 100-180, Sec. 711(a)(2), substituted ''subchapter'' for

''chapter''.

1985 - Pub. L. 99-145 substituted ''6,000'' for ''5,000''.

EFFECTIVE DATE OF 1987 AMENDMENT

Section 712(b)(2) provided that: ''The amendment made by

paragraph (1) (amending this section) shall take effect on October

1, 1989.''

EFFECTIVE DATE OF 1985 AMENDMENT

Section 672(j) of Pub. L. 99-145, which provided that amendment

made by that section was to take effect on Oct. 1, 1985, was

repealed by Pub. L. 100-180, Sec. 711(c)(1), (e)(1), eff. Dec. 4,

1987.

REPEALS

The directory language of, but not the amendment made by, Pub. L.

99-145, title VI, Sec. 672(i), Nov. 8, 1985, 99 Stat. 664, cited as

a credit to this section, was repealed by Pub. L. 100-180, Sec.

711(c)(1), (e)(1), eff. Dec. 4, 1987.

-CITE-

10 USC Sec. 2125 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART III - TRAINING AND EDUCATION

CHAPTER 105 - ARMED FORCES HEALTH PROFESSIONS FINANCIAL ASSISTANCE

PROGRAMS

SUBCHAPTER I - HEALTH PROFESSIONS SCHOLARSHIP AND FINANCIAL

ASSISTANCE PROGRAM FOR ACTIVE SERVICE

-HEAD-

Sec. 2125. Members of the program: exclusion from authorized

strengths

-STATUTE-

Notwithstanding any other provision of law, members of the

program shall not be counted against any prescribed military

strengths.

-SOURCE-

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

-CITE-

10 USC Sec. 2126 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART III - TRAINING AND EDUCATION

CHAPTER 105 - ARMED FORCES HEALTH PROFESSIONS FINANCIAL ASSISTANCE

PROGRAMS

SUBCHAPTER I - HEALTH PROFESSIONS SCHOLARSHIP AND FINANCIAL

ASSISTANCE PROGRAM FOR ACTIVE SERVICE

-HEAD-

Sec. 2126. Members of the program: service credit

-STATUTE-

(a) Service Not Creditable. - Except as provided in subsection

(b), 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

of title 37.

(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

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.

(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 of the Selected Reserve may be considered to be in

an active status while pursuing a course of study under this

subchapter only for purposes of sections 12732(a) and 12733(3) of

this title.

(6) 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).

-SOURCE-

(Added Pub. L. 92-426, Sec. 2(a), Sept. 21, 1972, 86 Stat. 718;

amended Pub. L. 96-513, title V, Sec. 501(22), Dec. 12, 1980, 94

Stat. 2908; Pub. L. 104-201, div. A, title V, Sec. 543(a), Sept.

23, 1996, 110 Stat. 2521; Pub. L. 106-65, div. A, title V, Sec.

544, Oct. 5, 1999, 113 Stat. 608.)

-MISC1-

AMENDMENTS

1999 - Subsec. (b)(2). Pub. L. 106-65, Sec. 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.''

Subsec. (b)(3). Pub. L. 106-65, Sec. 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.''

Subsec. (b)(5), (6). Pub. L. 106-65, Sec. 544(2), (3), added par.

(5) and redesignated former par. (5) as (6).

1996 - 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).

1980 - Cl. (2). Pub. L. 96-513 struck out '', other than

subsection (a)(7) and (8),'' after ''section 205''.

EFFECTIVE DATE OF 1980 AMENDMENT

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2114, 12732 of this

title.

-CITE-

10 USC Sec. 2127 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART III - TRAINING AND EDUCATION

CHAPTER 105 - ARMED FORCES HEALTH PROFESSIONS FINANCIAL ASSISTANCE

PROGRAMS

SUBCHAPTER I - HEALTH PROFESSIONS SCHOLARSHIP AND FINANCIAL

ASSISTANCE PROGRAM FOR ACTIVE SERVICE

-HEAD-

Sec. 2127. Scholarships and financial assistance: payments

-STATUTE-

(a) The Secretary of Defense may provide for the payment of all

educational expenses incurred by a member of the program, including

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 subchapter. Payment to such institutions may be made without

regard to subsections (a) and (b) of section 3324 of title 31.

(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

prescribed by the Secretary of Health and Human Services, that an

accredited civilian educational institution has increased its total

enrollment for the sole purpose of accepting members of the program

covered by this subchapter, 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.

(e) A person participating as a member of the program in

specialized training shall be paid an annual grant of $15,000 in

addition to the stipend under section 2121(d) of this title. The

amount of the grant shall be increased annually by the Secretary of

Defense, effective July 1 of each year, in the same manner as

provided for stipends.

-SOURCE-

(Added Pub. L. 92-426, Sec. 2(a), Sept. 21, 1972, 86 Stat. 718;

amended Pub. L. 96-513, title V, Sec. 511(67), Dec. 12, 1980, 94

Stat. 2926; Pub. L. 97-258, Sec. 3(b)(3), Sept. 13, 1982, 96 Stat.

1063; Pub. L. 98-525, title XIV, Sec. 1405(56)(A), Oct. 19, 1984,

98 Stat. 2626; Pub. L. 100-180, div. A, title VII, Sec. 711(a)(2),

Dec. 4, 1987, 101 Stat. 1108; Pub. L. 101-189, div. A, title VII,

Sec. 725(d)(1), (2), Nov. 29, 1989, 103 Stat. 1479.)

-MISC1-

PRIOR PROVISIONS

Prior sections 2128 to 2130 were renumbered sections 16201 to

16203 of this title, respectively.

AMENDMENTS

1989 - Pub. L. 101-189, Sec. 725(d)(2), substituted

''Scholarships and financial assistance'' for ''Contracts for

scholarships'' in section catchline.

Subsec. (e). Pub. L. 101-189, Sec. 725(d)(1), added subsec. (e).

1987 - Subsecs. (b), (d). Pub. L. 100-180 substituted

''subchapter'' for ''chapter''.

1984 - Subsec. (b). Pub. L. 98-525 substituted ''subsections (a)

and (b) of section 3324'' for ''section 3324(a) and (b)''.

1982 - Subsec. (b). Pub. L. 97-258 substituted ''section 3324(a)

and (b) of title 31'' for ''section 3648 of the Revised Statutes

(31 U.S.C. 529)''.

1980 - Subsec. (d). Pub. L. 96-513 substituted ''Secretary of

Health and Human Services'' for ''Secretary of Health, Education,

and Welfare''.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section

701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of

this title.

REPORTS ON IMPLEMENTATION AND ON SUCCESS OF FINANCIAL ASSISTANCE

PROGRAM

Section 725(e) of Pub. L. 101-189 directed Secretary of Defense,

not later than Mar. 1, 1990, to submit to Congress a report

describing the manner in which the new authority provided by such

section 725 (amending 10 U.S.C. 2120 to 2122, 2124, and 2127) was

implemented.

Section 725(f) of Pub. L. 101-189 directed Secretary of Defense,

not later than Mar. 1, 1991, to submit to Congress a report

evaluating the success of the financial assistance program

established by such section 725 and describing the number of

participants in the program receiving specialized training payments

under 10 U.S.C. 2127(e) and the projected number of officers to be

gained, by specialty, as a result of the program for each military

department.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2173 of this title.

-CITE-

10 USC SUBCHAPTER II - NURSE OFFICER CANDIDATE ACCESSION

PROGRAM 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART III - TRAINING AND EDUCATION

CHAPTER 105 - ARMED FORCES HEALTH PROFESSIONS FINANCIAL ASSISTANCE

PROGRAMS

SUBCHAPTER II - NURSE OFFICER CANDIDATE ACCESSION PROGRAM

.

-HEAD-

SUBCHAPTER II - NURSE OFFICER CANDIDATE ACCESSION PROGRAM

-MISC1-

Sec.

2130a. Financial assistance: nurse officer candidates.

PRIOR PROVISIONS

A prior subchapter II heading and analysis consisting of items

2128 to 2130 was repealed and sections 2128 to 2130 of this title

were renumbered sections 16201 to 16203 of this title,

respectively, by Pub. L. 103-337, div. A, title XVI, Sec.

1663(c)(2)-(4)(A), (7)(B), Oct. 5, 1994, 108 Stat. 3007, 3008.

AMENDMENTS

1994 - Pub. L. 103-337, div. A, title XVI, Sec. 1663(c)(7)(C),

Oct. 5, 1994, 108 Stat. 3008, redesignated subchapter III of this

chapter as this subchapter.

1991 - Pub. L. 101-189, div. A, title VII, Sec. 707(a), Nov. 29,

1989, 103 Stat. 1474, added subchapter heading and item 2130a.

-CITE-

10 USC Sec. 2130a 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART III - TRAINING AND EDUCATION

CHAPTER 105 - ARMED FORCES HEALTH PROFESSIONS FINANCIAL ASSISTANCE

PROGRAMS

SUBCHAPTER II - NURSE OFFICER CANDIDATE ACCESSION PROGRAM

-HEAD-

Sec. 2130a. Financial assistance: nurse officer candidates

-STATUTE-

(a) Bonus Authorized. - (1) A person described in subsection (b)

who, during the period beginning on November 29, 1989, and ending

on December 31, 2003, executes a written agreement in accordance

with subsection (c) to accept an appointment as a nurse officer

may, upon the acceptance of the agreement by the Secretary

concerned, be paid an accession bonus of not more than $10,000. The

bonus shall be paid in periodic installments, as determined by the

Secretary concerned at the time the agreement is accepted, except

that the first installment may not exceed $5,000.

(2) In addition to the accession bonus payable under paragraph

(1), a person selected under such paragraph shall be entitled to a

monthly stipend of not more than $1,000 for each month the

individual is enrolled as a full-time student in an accredited

baccalaureate degree program in nursing at a civilian educational

institution by the Secretary selecting the person. The

continuation bonus may be paid for not more than 24 months.

(b) Eligible Students. - A person eligible to enter into an

agreement under subsection (a) is a person who -

(1) is enrolled as a full-time student in an accredited

baccalaureate degree program in nursing at a civilian educational

institution that does not have a Senior Reserve Officers'

Training Program established under section 2102 of this title by

the Secretary selecting the person or that has a Senior Reserve

Officers' Training Program for which the student is ineligible;

(2) has completed the second year of an accredited

baccalaureate degree program in nursing and has more than 6

months of academic work remaining before graduation; and

(3) meets the qualifications for appointment as an officer of a

reserve component of the Army, Navy, or Air Force as set forth in

section 12201 of this title or, in the case of the Public Health

Service, section 207 of the Public Health Service Act (42 U.S.C.

209) and the regulations of the Secretary concerned.

(c) Required Agreement. - The agreement referred to in subsection

(a) shall provide that the person executing the agreement agrees to

the following:

(1) That the person will complete the nursing degree program

described in subsection (b)(1).

(2) That, upon acceptance of the agreement by the Secretary

concerned, the person will enlist in a reserve component of an

armed force.

(3) That the person will accept an appointment as an officer in

the Nurse Corps of the Army or the Navy or as an officer

designated as a nurse officer in the Air Force or commissioned

corps of the Public Health Service, as the case may be, upon

graduation from the nursing degree program.

(4) That the person will serve on active duty as such an

officer -

(A) for a period of 4 years in the case of a person whose

agreement was accepted by the Secretary concerned during that

person's fourth year of the nursing degree program; or

(B) for a period of 5 years in the case of a person whose

agreement was accepted by the Secretary concerned during that

person's third year of the nursing degree program.

(d) Refund of Payments. - (1) A person shall refund any bonus or

stipend paid under subsection (a) if the person -

(A) fails to complete a nursing degree program in which the

person is enrolled in accordance with the agreement entered into

under such subsection;

(B) having completed the nursing degree program, fails to

accept an appointment, if tendered, as an officer of the Nurse

Corps of the Army or the Navy or as an officer designated as a

nurse officer of the Air Force or commissioned corps of the

Public Health Service; or

(C) fails to complete the period of obligated active service

required under the agreement.

(2) An obligation to reimburse the United States imposed under

paragraph (1) is for all purposes a debt owed to the United States.

(3) A discharge in bankruptcy under title 11 that is entered less

than five years after the termination of an agreement under this

section does not discharge the person signing such agreement from a

debt arising under such agreement or this subsection. This

paragraph applies to any case commenced under title 11 after

November 29, 1989.

(e) Regulations. - The Secretaries concerned shall prescribe

regulations to carry out this section.

-SOURCE-

(Added Pub. L. 101-189, div. A, title VII, Sec. 707(a), Nov. 29,

1989, 103 Stat. 1474; amended Pub. L. 101-510, div. A, title VI,

Sec. 613(c), title XIV, Sec. 1484(d)(1), Nov. 5, 1990, 104 Stat.

1577, 1716; Pub. L. 102-190, div. A, title VI, Sec. 612(c)(1),

Dec. 5, 1991, 105 Stat. 1376; Pub. L. 102-484, div. A, title VI,

Sec. 612(h), Oct. 23, 1992, 106 Stat. 2421; Pub. L. 103-160, div.

A, title VI, Sec. 611(a), Nov. 30, 1993, 107 Stat. 1679; Pub. L.

103-337, div. A, title VI, Sec. 612(a), Oct. 5, 1994, 108 Stat.

2783; Pub. L. 104-106, div. A, title VI, Sec. 612(a), title XV,

Sec. 1501(c)(23), Feb. 10, 1996, 110 Stat. 359, 499; Pub. L.

104-201, div. A, title VI, Sec. 612(a), Sept. 23, 1996, 110 Stat.

2543; Pub. L. 105-85, div. A, title VI, Sec. 612(a), Nov. 18,

1997, 111 Stat. 1786; Pub. L. 105-261, div. A, title VI, Sec.

612(a), Oct. 17, 1998, 112 Stat. 2039; Pub. L. 106-65, div. A,

title VI, Sec. 612(a), Oct. 5, 1999, 113 Stat. 650; Pub. L.

106-398, Sec. 1 ((div. A), title VI, Sec. 622(a)), Oct. 30, 2000,

114 Stat. 1654, 1654A-151; Pub. L. 107-107, div. A, title V, Sec.

538, title VI, Sec. 612(a), Dec. 28, 2001, 115 Stat. 1107, 1135;

Pub. L. 107-314, div. A, title VI, Sec. 612(a), 615(h), Dec. 2,

2002, 116 Stat. 2567, 2569.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a)(1). Pub. L. 107-314 substituted ''December 31,

2003'' for ''December 31, 2002'' and ''$10,000'' for ''$5,000'' in

first sentence and ''$5,000'' for ''$2,500'' in second sentence.

Subsec. (a)(2). Pub. L. 107-314, Sec. 615(h)(2), substituted

''$1,000'' for ''$500''.

2001 - Subsec. (a)(1). Pub. L. 107-107, Sec. 612(a), substituted

''December 31, 2002'' for ''December 31, 2001''.

Subsec. (a)(2). Pub. L. 107-107, Sec. 538(1), struck out ''that

does not have a Senior Reserve Officers' Training Program

established under section 2102 of this title'' after ''civilian

educational institution''.

Subsec. (b)(1). Pub. L. 107-107, Sec. 538(2), inserted ''or that

has a Senior Reserve Officers' Training Program for which the

student is ineligible'' before semicolon at end.

2000 - Subsec. (a)(1). Pub. L. 106-398 substituted ''December 31,

2001'' for ''December 31, 2000''.

1999 - Subsec. (a)(1). Pub. L. 106-65 substituted ''December 31,

2000'' for ''December 31, 1999''.

1998 - Subsec. (a)(1). Pub. L. 105-261 substituted ''December 31,

1999'' for ''September 30, 1999''.

1997 - Subsec. (a)(1). Pub. L. 105-85 substituted ''September 30,

1999'' for ''September 30, 1998''.

1996 - Subsec. (a)(1). Pub. L. 104-201 substituted ''September

30, 1998'' for ''September 30, 1997''.

Pub. L. 104-106, Sec. 612(a), substituted ''September 30, 1997''

for ''September 30, 1996''.

Subsec. (b)(3). Pub. L. 104-106, Sec. 1501(c)(23), substituted

''section 12201'' for ''section 591''.

1994 - Subsec. (a)(1). Pub. L. 103-337 substituted ''September

30, 1996'' for ''September 30, 1995''.

1993 - Subsec. (a)(1). Pub. L. 103-160 substituted ''September

30, 1995'' for ''September 30, 1993''.

1992 - Subsec. (a)(1). Pub. L. 102-484 substituted ''September

30, 1993'' for ''September 30, 1992''.

1991 - Subsec. (a)(1). Pub. L. 102-190 made amendment identical

to that made by Pub. L. 101-510, Sec. 613(c)(1). See 1990 Amendment

note below.

1990 - Subsec. (a)(1). Pub. L. 101-510, Sec. 1484(d)(1)(A),

substituted ''November 29, 1989,'' for ''the date of the enactment

of the National Defense Authorization Act for Fiscal Years 1990 and

1991''.

Pub. L. 101-510, Sec. 613(c)(1), substituted ''September 30,

1992,'' for ''September 30, 1991,''.

Subsecs. (a)(2), (b)(1). Pub. L. 101-510, Sec. 613(c)(2),

inserted ''by the Secretary selecting the person'' after ''section

2102 of this title''.

Subsec. (d)(3). Pub. L. 101-510, Sec. 1484(d)(1)(B), substituted

''November 29, 1989'' for ''the date of the enactment of the

National Defense Authorization Act for Fiscal Years 1990 and

1991''.

EFFECTIVE DATE OF 1996 AMENDMENT

Section 1501(c) of Pub. L. 104-106 provided that the amendment

made by that section is effective as of Dec. 1, 1994, and as if

included as an amendment made by the Reserve Officer Personnel

Management Act, title XVI of Pub. L. 103-337, as originally

enacted.

APPLICATION OF INCREASE

In case of amendment by section 615(h) of Pub. L. 107-314 to

increase maximum amount of special pay or bonus that may be paid

during any 12-month period, amended limitation is applicable to

12-month periods beginning after Sept. 30, 2002, see section 615(i)

of Pub. L. 107-314, set out as a note under section 301d of this

Title 37, Pay and Allowances of the Uniformed Services.

COVERAGE OF PERIOD OF LAPSED AUTHORITY

Section 611(d) of Pub. L. 103-160 provided that:

''(1) In the case of a person described in paragraph (2) who

executes an agreement described in paragraph (3) during the 90-day

period beginning on the date of the enactment of this Act (Nov. 30,

1993), the Secretary concerned may treat the agreement for purposes

of the accession bonus, monthly stipend, or special pay authorized

under the agreement as having been executed and accepted on the

first date on which the person would have qualified for such an

agreement had the amendments made by this section (amending this

section and sections 302d and 302e of Title 37, Pay and Allowances

of the Uniformed Services) taken effect on October 1, 1993.

''(2) A person referred to in paragraph (1) is a person described

in section 2130a(b) of title 10, United States Code, or section

302d(a)(1) or 302e(b) of title 37, United States Code, who, during

the period beginning on October 1, 1993, and ending on the date of

the enactment of this Act, would have qualified for an agreement

described in paragraph (3) had the amendments made by this section

taken effect on October 1, 1993.

''(3) An agreement referred to in this subsection is an agreement

with the Secretary concerned that is a condition for the payment of

an accession bonus and monthly stipend under section 2130a of title

10, United States Code, an accession bonus under section 302d of

title 37, United States Code, or incentive special pay under

section 302e of title 37, United States Code.

''(4) For purposes of this subsection, the term 'Secretary

concerned' has the meaning given that term in section 101(5) of

title 37, United States Code.''

(For provisions relating to coverage of period of lapsed

authority from Oct. 1, 1992, to Oct. 23, 1992, for payment of

bonuses or other special pay under this section, see section

612(j)(2) of Pub. L. 102-484, set out as a note under section 301b

of Title 37, Pay and Allowances of the Uniformed Services.)

ACCESSION BONUSES FOR CANDIDATES EXECUTING AGREEMENTS DURING 90-DAY

PERIOD BEGINNING DECEMBER 5, 1991

Section 612(c)(2) of Pub. L. 102-190 provided that:

''(A) In the case of a person described in subparagraph (B) who

executes an agreement under section 2130a of such title (10 U.S.C.

2130a) during the 90-day period beginning on the date of the

enactment of this Act (Dec. 5, 1991), the Secretary concerned may

treat such agreement as having been executed and accepted for

purposes of such section on the first date on which the person

would have qualified for such an agreement had the amendment made

by paragraph (1) (amending this section) taken effect on October 1,

1991.

''(B) A person referred to in subparagraph (A) is a person who,

during the period beginning on October 1, 1991, and ending on the

date of the enactment of this Act, would have qualified for an

agreement under such section had the amendment made by paragraph

(1) taken effect on October 1, 1991.

''(C) For purposes of this paragraph, the term 'Secretary

concerned' has the meaning given that term in section 101(8) of

such title (10 U.S.C. 101(8)).''

-CITE-