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10 U.S.C. § 2121 — Establishment

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

10 U.S.C. § 2121 — Establishment

**(a)** (1) For the purpose of obtaining adequate numbers of commissioned officers on active duty who are qualified (A) in the various health professions or (B) as a health professional with specific skills to assist in providing mental health care to members of the armed forces, 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. (2) Under the program of a military department, the Secretary of that military department shall allocate a portion of the total number of scholarships to members of the program described in paragraph (1)(B) for the purpose of assisting such members to pursue a degree at the masters and doctoral level in any of the following disciplines: (A) Social work. (B) Clinical psychology. (C) Psychiatry. (D) Other disciplines that contribute to mental health care programs in that military department. **(b)** The program shall consist of courses of study and specialized training in designated health professions, with obligatory periods of military training. **(c)** (1) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12207&num=0&edition=prelim), with full pay and allo

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Stable record: federal_law:legal_authorities:record_usc_a5d3a68a18f82fbf24a040fe
Source file: Laws/federal/codes/united-states-code/title-10/section-2121-establishment--1af1d7af70.md
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Source location: Title 10, Chapter 105, § 2121; chapter-105-armed-forces-health-professions-financial-assistance-programs.md

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**(a)** (1) For the purpose of obtaining adequate numbers of commissioned officers on active duty who are qualified (A) in the various health professions or (B) as a health professional with specific skills to assist in providing mental health care to members of the armed forces, 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. (2) Under the program of a military department, the Secretary of that military department shall allocate a portion of the total number of scholarships to members of the program described in paragraph (1)(B) for the purpose of assisting such members to pursue a degree at the masters and doctoral level in any of the following disciplines: (A) Social work. (B) Clinical psychology. (C) Psychiatry. (D) Other disciplines that contribute to mental health care programs in that military department. **(b)** The program shall consist of courses of study and specialized training in designated health professions, with obligatory periods of military training. **(c)** (1) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12207&num=0&edition=prelim), 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. (2) If a member of the uniformed services selected to participate in the program as a medical 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 the conclusion of such participation, 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. **(d)** Except when serving on active duty pursuant to subsection (c), a member of the program shall be entitled to a stipend at a monthly rate established by the Secretary of Defense, but not to exceed a total of $50,000 per year. The maximum annual amount of the stipend 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.

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

10 U.S.C. § 2127 — Scholarships and financial assistance: payments

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3324&num=0&edition=prelim). **(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 in an amount not to exceed $45,000 in addition to the stipend under [section 2121(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2121/d&num=0&edition=prelim). The maximum amount of the grant sh

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

37 U.S.C. § 313 — Repealed. Pub. L. 96–513, title IV, § 414(a), Dec. 12, 1980, 94 Stat. 2906]

### Statutory Notes Section, added Pub. L. 93–274, § 1(4), May 6, 1974, 88 Stat. 95; amended Pub. L. 94–273, § 43, Apr. 21, 1976, 90 Stat. 381; Pub. L. 96–107, title VIII, § 804(b), Nov. 9, 1979, 93 Stat. 812; Pub. L. 96–284, § 3(b)(1)–(5), June 28, 1980, 94 Stat. 590, 591, related to special pay for medical officers of the Public Health Service who execute active duty agreements. #### Effective Date of Repeal Repeal effective Sept. 15, 1981, see section 701 of Pub. L. 96–513, set out as an Effective Date of 1981 Amendment note under [section 101 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section101&num=0&edition=prelim), Armed Forces.

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

10 U.S.C. § 10001 — Definition of State

In this subtitle, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, and Guam.

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

10 U.S.C. § 12207 — Commissioned officers: service credit upon original appointment

**(a)** (1) For the purpose of determining the grade and the rank within grade of a person receiving an original appointment as a reserve commissioned officer (other than a commissioned warrant officer) in the Army, Navy, Air Force, or Marine Corps, the person shall be credited at the time of the appointment with any commissioned service (other than service as a commissioned warrant officer) performed before such appointment as a regular officer, or as a reserve officer in an active status, in any armed force, the National Oceanic and Atmospheric Administration, or the Public Health Service. (2) The Secretary of Defense shall prescribe regulations, which shall apply uniformly among the Army, Navy, Air Force, and Marine Corps, to authorize the Secretary of the military department concerned to limit the amount of prior commissioned service with which a person receiving an original appointment may be credited under paragraph (1), or to deny any such credit, in the case of a person who at the time of such appointment is credited with constructive service under subsection (b) or (e). **(b)** (1) Under regulations prescribed by the Secretary of Defense, a person who is receiving an original appointment as a reserve commissioned officer (other than a commissioned warrant officer) of the Army, Navy, Air Force, or Marine Corps, and who has special training or experience, or advanced education (if applicable), shall be credited with constructive service for such education, training, or experience, as follows: (A) One year for each year of advanced education beyond the baccalaureate degree level, for persons appointed or designated in, or assigned to, officer categories requiring such advanced education or an advanced degree as a prerequisite for such appointment, designati

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

10 U.S.C. § 2005 — Advanced education assistance: active duty agreement; reimbursement requirements

**(a)** The Secretary concerned may require, as a condition to the Secretary providing advanced education assistance to any person, that such person enter into a written agreement with the Secretary concerned under the terms of which such person shall agree— (1) to complete the educational requirements specified in the agreement and to serve on active duty for a period specified in the agreement; (2) that if such person fails to complete the education requirements specified in the agreement, such person will serve on active duty for a period specified in the agreement; (3) that if such person does not complete the period of active duty specified in the agreement, or does not fulfill any term or condition prescribed pursuant to paragraph (4), such person shall be subject to the repayment provisions of section 303a(e) or 373 of title 37; and (4) to such other terms and conditions as the Secretary concerned may prescribe to protect the interest of the United States. **(b)** The Secretary concerned shall determine the period of active duty to be served by any person for advanced education assistance to be provided such person by an armed force, except that if the period of active duty required to be served is specified under another provision of law with respect to the advanced education assistance to be provided, the period specified in the agreement referred to in subsection (a) shall be the same as the period specified in such other provision of law. **(c)** As a condition of the Secretary concerned providing financial assistance under section 2107 or 2107a of this title to any person, the Secretary concerned shall require that the person enter into the agreement described in subsection (a). In addition to the requirements of paragraphs (1) through (4) of such subs

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

10 U.S.C. § 8459 — Midshipmen: service obligation

**(a)** Each midshipman shall sign an agreement with respect to the midshipman’s length of service in the armed forces. The agreement shall provide that the midshipman agrees to the following: (1) That the midshipman will complete the course of instruction at the Naval Academy. (2) That upon graduation from the Naval Academy the midshipman— (A) will accept an appointment, if tendered, as a commissioned officer of the Regular Navy, the Regular Marine Corps, 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 midshipman is permitted to resign as a regular officer before completion of the commissioned service obligation of the midshipman, the midshipman— (A) will accept an appointment as a commissioned officer in the Navy Reserve or the Marine Corps Reserve or as a Reserve in the Air Force for service in the Air Force Reserve; and (B) will remain in that reserve component until completion of the commissioned service obligation of the midshipman. (4) That if an appointment described in paragraph (2) or (3) is tendered and the midshipman 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 midshipman 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 midshipman may not obta

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

10 U.S.C. § 9448 — 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 Air Force or the Space 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, or to terminate the officer’s order to sustained duty in the Space Force before completion of the commissioned service obligation of the cadet, the cadet— (A) will accept an appointment as a commissioned officer as a Reserve in the Air Force for service in the Air Force Reserve or will accept further assignment in a space force active status; and (B) will remain in that reserve component, or the Space Force, 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

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

10 U.S.C. § 2121 — Establishment

Page 1688 TITLE 10—ARMED FORCES § 2120 and financial assistance’’ for ‘‘Contracts for scholar- ships’’ in item 2127. 1987—Pub. L. 100–180, div. A, title VII, § 711(a)(1), Dec. 4, 1987, 101 Stat. 1108, added subchapter heading. 1980—Pub. L. 96–513, title V, § 511(66), Dec. 12, 1980, 94 Stat. 2926, substituted in item 2123 ‘‘program:’’ for ‘‘program;’’, and in items 2124 to 2127 ‘‘:’’ for ‘‘;’’ wher- ever appearing. § 2120. Definitions In this subchapter: (1) The term ‘‘program’’ means the Armed Forces Health Professions Scholarship and Fi- nancial Assistance program provided for in this subchapter. (2) The term ‘‘member of the program’’ means a person appointed a commissioned offi- cer in a reserve component of the armed forces who is enrolled in the Armed Forces Health Professions Scholarship and Financial Assist- ance program. (3) The term ‘‘course of study’’ means edu- cation received at an accredited college, uni- versity, or institution in medicine, dentistry, or other health profession, leading, respec- tively, to a degree related to the health profes- sions as determined under regulations pre- scribed by the Secretary of Defense. (4) The term ‘‘specialized training’’ means advanced training in a health professions spe- cialty received in an accredited program that is beyond the basic education required for ap- pointment as a commissioned officer with a designation as a health professional. (Added Pub. L. 92–426, § 2(a), Sept. 21, 1972, 86 Stat. 717; amended Pub. L. 98–94, title XII, § 1268(13), Sept. 24, 1983, 97 Stat. 706; Pub. L. 100–26, § 7(k)(2), Apr. 21, 1987, 101 Stat. 284; Pub. L. 100–180, div. A, title VII, § 711(a)(2), Dec. 4, 1987, 101 Stat. 1108; Pub. L. 101–189, div. A, title VII, § 725(a), (h)(1), Nov. 29, 1989, 103 Stat. 14

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