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10 U.S.C. § 2114 — Students: selection; status; obligation

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2114 — Students: selection; status; obligation

**(a)** Medical 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1072/1&num=0&edition=prelim)). **(b)** (1) Medical students shall be commissioned officers of a uniformed service as determined under regulations prescribed by the Secretary of Defense after consulting with the Secretary of Health and Human Services. They shall be appointed as regular officers in the grade of second lieutenant or ensign and shall serve on active duty in that grade. (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

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Stable record: federal_law:legal_authorities:record_usc_95976c25dd1c8087a59af841
Source file: Laws/federal/codes/united-states-code/title-10/section-2114-students-selection-status-obligation--f882b827ab.md
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Source location: Title 10, Chapter 104, § 2114; chapter-104-uniformed-services-university-of-the-health-sciences.md

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**(a)** Medical 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1072/1&num=0&edition=prelim)). **(b)** (1) Medical students shall be commissioned officers of a uniformed service as determined under regulations prescribed by the Secretary of Defense after consulting with the Secretary of Health and Human Services. They shall be appointed as regular officers in the grade of second lieutenant or ensign and shall serve on active duty in that grade. (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. **(c)** Medical students who graduate shall be required to serve on active duty unless they are covered by [section 2115 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2115&num=0&edition=prelim). Medical students who graduate shall be required, except as provided in [section 2115 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2115&num=0&edition=prelim), to serve thereafter on active duty under such regulations as the Secretary of Defense or the Secretary of Health and Human Services, as appropriate, may prescribe for not less than seven years, unless sooner released. 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 DutyReady Reserve Obligation Less than 8 years6 years 8 years or more, but less than 94 years 9 years or more, but less than 102 years The service credit exclusions specified in [section 2126 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2126&num=0&edition=prelim) shall apply to students covered by this section. **(d)** A period of time spent in military intern or residency training shall not be creditable in satisfying a commissioned service obligation imposed by this section. **(e)** A medical student 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 student 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 student be required to serve on active duty less than one year. **(f)** (1) 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 President 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 President 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 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 President 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 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. **(g)** 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. **(h)** (1) The Secretary of Defense, in coordination with the Secretary of Health and Human Services and the Secretary of Veterans Affairs, 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(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2113/e&num=0&edition=prelim). (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) 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. **(i)** A graduate of the University who is relieved of the graduate’s active-duty service obligation under subsection (c) 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) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2123/e&num=0&edition=prelim) or paragraph (2) of such section for members of the Armed Forces Health Professions Scholarship and Financial Assistance program.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2115 — Graduates: limitation on number permitted to perform civilian Federal service

The Secretary of Defense may allow not more than 20 percent of the graduates of each class at the University to perform civilian Federal service for not less than seven years following the completion of their professional education in lieu of active duty in a uniformed service if the needs of the uniformed services do not require that such graduates perform active duty in a uniformed service and as long as the Secretary of Defense does not recall such persons to active duty in the uniformed services. Such persons who execute an agreement in writing to perform such civilian Federal service may be released from active duty following 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.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 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 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 Secret

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2123

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2126 — Members of the program: service credit

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section205&num=0&edition=prelim). **(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2123/a&num=0&edition=prelim); 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12732&num=0&edition=prelim) and for computation of retired pay under [section 12733 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12733&num=0&edition=prelim). (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 me

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2126

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 6382 — Leave requirement

**(a)** (1) Subject to section 6383 and subsection (d)(2) of this section, an employee shall be entitled to a total of 12 administrative workweeks of leave during any 12-month period for one or more of the following: (A) Because of the birth of a son or daughter of the employee and in order to care for such son or daughter. (B) Because of the placement of a son or daughter with the employee for adoption or foster care. (C) In order to care for the spouse, or a son, daughter, or parent, of the employee, if such spouse, son, daughter, or parent has a serious health condition. (D) Because of a serious health condition that makes the employee unable to perform the functions of the employee’s position. (E) Because of any qualifying exigency arising out of the fact that the spouse, or a son, daughter, or parent of the employee is on covered active duty (or has been notified of an impending call or order to covered active duty) in the Armed Forces. (2) The entitlement to leave under subparagraph (A) or (B) of paragraph (1) based on the birth or placement of a son or daughter shall expire at the end of the 12-month period beginning on the date of such birth or placement. (3) Subject to section 6383, an employee who is the spouse, son, daughter, parent, or next of kin of a covered servicemember shall be entitled to a total of 26 administrative workweeks of leave during a 12-month period to care for the servicemember. The leave described in this paragraph shall only be available during a single 12-month period. (4) Subject to subsection (d)(2), during the single 12-month period described in paragraph (3), an employee shall be entitled to a combined total of 26 administrative workweeks of leave under paragraphs (1) and (3). Nothing in this paragraph shall be con

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 531 — Original appointments of commissioned officers

**(a)** (1) Original appointments in the grades of second lieutenant, first lieutenant, and captain in the Regular Army, Regular Air Force, Regular Marine Corps, and Space Force, and in the grades of ensign, lieutenant (junior grade), and lieutenant in the Regular Navy shall be made by the President alone. (2) Original appointments in the grades of major, lieutenant colonel, and colonel in the Regular Army, Regular Air Force, Regular Marine Corps, and Space Force, and in the grades of lieutenant commander, commander, and captain in the Regular Navy shall be made by the President, by and with the advice and consent of the Senate. **(b)** The grade of a person receiving an appointment under this section who at the time of appointment (1) is credited with service under [section 533 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section533&num=0&edition=prelim), and (2) is not a commissioned officer of a reserve component shall be determined under regulations prescribed by the Secretary of Defense based upon the amount of service credited. The grade of a person receiving an appointment under this section who at the time of the appointment is a commissioned officer of a reserve component is determined under [section 533(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section533/f&num=0&edition=prelim). **(c)** Subject to the authority, direction, and control of the President, an original appointment as a commissioned officer in the Regular Army, Regular Air Force, Regular Navy, Regular Marine Corps, or Space Force may be made by the Secretary of Defense in the case of a reserve commissioned officer upon the transfer of such officer from the reserve active-status list of a reserve component of the

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2113 — Administration of University

**(a)** The business of the University shall be conducted by the Secretary of Defense with funds appropriated for and provided by the Department of Defense. **(b)** The Secretary shall appoint a President of the University (hereinafter in this chapter referred to as the “President”). **(c)** (1) The Secretary, after considering the recommendations of the President, 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 (after due consideration by the Secretary) so as to place the employees of the University on a comparable basis with the employees of fully accredited schools of the health professions identified by the Secretary for purposes of this paragraph. (2) The Secretary may confer academic titles, as appropriate, upon military and civilian members of the faculty. (3) The military members of the faculty shall include a professor of military, naval, or air science as the Secretary may determine. (4) The limitations in sections 5307 and 5373 of title 5 do not apply to the authority of the Secretary under paragraph (1) to prescribe salary schedules and other related benefits. In no event may the total amount of compensation paid to an employee under paragraph (1) in any year (including salary, allowances, differentials, bonuses, awards, and other similar cash payments) exceed the total amount of annual compensation (excluding expenses) specified in [section 102 of title 3](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title3-section102&num=0&edition=prelim). **(d)** The Secreta

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 101 — Definitions

**(a) In General.—** The following definitions apply in this title: (1) The term “United States”, in a geographic sense, means the States and the District of Columbia. (2) Repealed. Pub. L. 109–163, div. A, title X, § 1057(a)(1), Jan. 6, 2006, 119 Stat. 3440.] (3) The term “possessions” includes the Virgin Islands, Guam, American Samoa, and the Guano Islands, so long as they remain possessions, but does not include any Commonwealth. (4) The term “armed forces” means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. (5) The term “uniformed services” means— (A) the armed forces; (B) the commissioned corps of the National Oceanic and Atmospheric Administration; and (C) the commissioned corps of the Public Health Service. (6) The term “department”, when used with respect to a military department, means the executive part of the department and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of the department. When used with respect to the Department of Defense, such term means the executive part of the department, including the executive parts of the military departments, and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of Defense, including those of the military departments. (7) The term “executive part of the department” means the executive part of the Department of Defense, Department of the Army, Department of the Navy, or Department of the Air Force, as the case may be, at the seat of government. (8) The term “military departments” means the Department of the Army, the Department of the Navy, and the Department of the Air Force. (9) The term

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 101

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2107a — Financial assistance program for specially selected members: Army Reserve and Army National Guard

**(a)** (1) The Secretary of the Army may appoint as a cadet in the Army Reserve or Army National Guard of the United States any eligible member of the program who is enrolled in the Advanced Course of the Army Reserve Officers’ Training Corps at a military college, military junior college, or civilian institution and who will be under 31 years of age on December 31 of the calendar year in which he is eligible under this section for appointment as a second lieutenant in the Army Reserve or Army National Guard. (2) To be considered a military college or military junior college for the purposes of this section, a school must be a civilian postsecondary educational institution essentially military in nature and meet such other requirements as the Secretary of the Army may prescribe. For purposes of this section, a military junior college does not confer a baccalaureate degree. **(b)** (1) To be eligible for appointment as a cadet under this section, a member of the program must— (A) be a citizen or national of the United States; (B) be specially selected for the financial assistance program under this section under procedures prescribed by the Secretary of the Army; (C) enlist in a reserve component of the Army for the period prescribed by the Secretary of the Army; (D) contract, with the consent of his parent or guardian if he is a minor, with the Secretary of the Army to serve for the period required by the program; (E) agree in writing that he will accept an appointment, if offered, as a commissioned officer in the Army Reserve or the Army National Guard of the United States; and (F) agree in writing that he will serve in a troop program unit of the Army Reserve or Army National Guard for not less than eight years. (2) Performance of duty under an

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2107a

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2114a — Eligibility of members of foreign militaries to enroll in the University

**(a) Authority.—** (1) The Secretary of Defense may permit an individual who is a member of the military of a foreign country— (A) to enroll (including as a full-time student) and receive instruction— (i) as a medical student of the University; or (ii) in a postdoctoral, postgraduate, or certificate program of the University; and (B) to participate in training exercises of the University. (2) Enrollment of an individual under this section— (A) shall be subject to— (i) the academic capacity of the University described in [section 2112(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2112/b&num=0&edition=prelim); and (ii) an international agreement or qualifying non-binding instrument (as such terms are defined in [section 112b of title 1](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title1-section112b&num=0&edition=prelim)); and (B) may not decrease the number of members of the uniformed services enrolled in the University; and (C) may not be given priority over the enrollment of a member of the uniformed services. (3) The number of individuals simultaneously enrolled under this section may not exceed— (A) 10, in the case of medical students of the University; and (B) 40, with regards to all postdoctoral, postgraduate, and certificate programs of the University. **(b) Qualifications; Selection.—** In carrying out subsection (a), the Secretary may select an individual to enroll under this section— (1) who was nominated for such enrollment by the medical command of the military of a foreign country; and (2) pursuant to regulations prescribed by the Secretary regarding— (A) qualifications for such enrollment that are comparable to the qualifications required of a

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2114a

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 7448 — Cadets: service obligation

**(a)** Each cadet shall sign an agreement with respect to the cadet’s length of service in the armed forces. The agreement shall provide that the cadet agrees to the following: (1) That the cadet will complete the course of instruction at the Academy. (2) That upon graduation from the Academy the cadet— (A) will accept an appointment, if tendered, as a commissioned officer of the Regular Army or the Regular Air Force; and (B) will serve on active duty for at least five years immediately after such appointment. (3) That if an appointment described in paragraph (2) is not tendered or if the cadet is permitted to resign as a regular officer before completion of the commissioned service obligation of the cadet, the cadet— (A) will accept an appointment as a commissioned officer as a Reserve for service in the Army Reserve or the Air Force Reserve; and (B) will remain in that reserve component until completion of the commissioned service obligation of the cadet. (4) That if an appointment described in paragraph (2) or (3) is tendered and the cadet participates in a program under [section 2121 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2121&num=0&edition=prelim), the cadet will fulfill any unserved obligation incurred under this section on active duty, regardless of the type of appointment held, upon completion of, and in addition to, any service obligation incurred under [section 2123 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2123&num=0&edition=prelim) for participation in such program. (5) That the cadet may not obtain employment as a professional athlete until two years after the cadet graduates from the Academy. **(b)** (1) Subject to paragraph (4), the Sec

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