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. 1478, 1480.) Editorial Notes AMENDMENTS 1989—Pars. (1), (2). Pub. L. 101–189, § 725(h)(1), sub- stituted ‘‘Scholarship and Financial Assistance pro- gram’’ for ‘‘Scholarship program’’. Par. (4). Pub. L. 101–189, § 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 sub- stituted lowercase letter. 1983—Pub. L. 98–94 substituted a colon for a dash after ‘‘In this chapter’’ in text preceding par. (1). Statutory Notes and Related Subsidiaries DEMONSTRATION PROJECT ON SERVICE OF RETIRED NURSE CORPS OFFICERS AS FACULTY AT CIVILIAN NURSING SCHOOLS Pub. L. 110–417, [div. A], title V, § 597, Oct. 14, 2008, 122 Stat. 4479, as amended by Pub. L. 111–383, div. A, title X, § 1075(e)(8), Jan. 7, 2011, 124 Stat. 4375, which author- ized the Secretary of Defense to conduct a demonstra- tion project to encourage retired military nurses to serve as faculty at civilian nursing schools, expired on June 30, 2014. § 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 pro- fessions or (B) as a health professional with spe- cific skills to assist in providing mental health care to members of the armed forces, the Sec- retary of each military department, under regu- lations 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 depart- ment, the Secretary of that military depart- ment shall allocate a portion of the total num- ber 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 fol- lowing disciplines: (A) Social work. (B) Clinical psychology. (C) Psychiatry. (D) Other disciplines that contribute to men- tal health care programs in that military de- partment. (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 compo- nents 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 edu- cational 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. (2) If a member of the uniformed services se- lected to participate in the program as a med- ical 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 en- sign, the member shall be paid basic pay based on the former grade and years of service cred- ited 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 mem- ber’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 mem- ber’s former grade and years of service. Page 1689 TITLE 10—ARMED FORCES § 2122 (d) Except when serving on active duty pursu- ant 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 max- imum annual amount of the stipend shall be in- creased annually by the Secretary of Defense ef- fective 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. (Added Pub. L. 92–426, § 2(a), Sept. 21, 1972, 86 Stat. 717; amended Pub. L. 96–107, title VIII, § 804(a), Nov. 9, 1979, 93 Stat. 812; Pub. L. 98–94, title IX, § 935(a), Sept. 24, 1983, 97 Stat. 652; Pub. L. 101–189, div. A, title VII, § 725(b), Nov. 29, 1989, 103 Stat. 1479; Pub. L. 101–510, div. A, title XIV, § 1484(k)(7), Nov. 5, 1990, 104 Stat. 1719; Pub. L. 104–106, div. A, title XV, § 1501(c)(22), Feb. 10, 1996, 110 Stat. 499; Pub. L. 109–364, div. A, title V, § 538(a), Oct. 17, 2006, 120 Stat. 2209; Pub. L. 110–181, div. A, title V, § 524(b), Jan. 28, 2008, 122 Stat. 103; Pub. L. 111–84, div. A, title V, § 524(a), Oct. 28, 2009, 123 Stat. 2285; Pub. L. 118–31, div. A, title VII, § 712, Dec. 22, 2023, 137 Stat. 302.) Editorial Notes AMENDMENTS 2023—Subsec. (d). Pub. L. 118–31 substituted ‘‘$50,000’’ for ‘‘$30,000’’ in introductory provisions. 2009—Subsec. (a). Pub. L. 111–84 designated existing provisions as par. (1), substituted ‘‘(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’’ for ‘‘in the various health professions’’, and added par. (2). 2008—Subsec. (c). Pub. L. 110–181 designated existing provisions as par. (1) and added par. (2). 2006—Subsec. (d). Pub. L. 109–364, in introductory pro- visions, substituted ‘‘at a monthly rate established by the Secretary of Defense, but not to exceed a total of $30,000 per year’’ for ‘‘at the rate of $579 per month’’ and ‘‘The maximum annual amount of the stipend’’ for ‘‘That rate’’. 1996—Subsec. (c). Pub. L. 104–106 substituted ‘‘section 12207’’ for ‘‘section 3353, 5600, or 8353’’. 1990—Subsec. (c). Pub. L. 101–510 substituted ‘‘sec- tion’’ for ‘‘sections’’ in third sentence. 1989—Subsec. (a). Pub. L. 101–189, § 725(b)(1), sub- stituted ‘‘scholarship and financial assistance pro- gram’’ for ‘‘scholarship program’’. Subsec. (b). Pub. L. 101–189, § 725(b)(2), substituted ‘‘study and specialized training’’ for ‘‘study’’. Subsec. (c). Pub. L. 101–189, § 725(b)(3), substituted ‘‘pursuing a course of study’’ for ‘‘of the program’’ and inserted after second sentence ‘‘Members pursuing spe- cialized 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 partici- pation 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 Na- tional 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 provi- sions 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. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2006 AMENDMENT Pub. L. 109–364, div. A, title V, § 538(d), Oct. 17, 2006, 120 Stat. 2210, provided that: ‘‘(1) IN GENERAL.—The amendments made by this sec- tion [amending this section and section 2127 of this title] shall take effect on October 1, 2006. ‘‘(2) PROHIBITION ON ADJUSTMENTS.—The adjustments required by the second sentence of subsection (d) of sec- tion 2121 of title 10, United States Code, and the second sentence of subsection (e) of section 2127 of such title to be made in 2007 shall not be made.’’ EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–106, div. A, title XV, § 1501(c)(22), Feb. 10, 1996, 110 Stat. 499, provided that the amendment made by that section is effective on the effective date speci- fied 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 Pub. L. 98–94, title IX, § 935(b), Sept. 24, 1983, 97 Stat. 652, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall take effect on October 1, 1983.’’ EFFECTIVE DATE OF 1979 AMENDMENT Pub. L. 96–107, title VIII, § 804(c), Nov. 9, 1979, 93 Stat. 812, provided that: ‘‘The amendments made by this sec- tion [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, § 672(a)–(h), (j), Nov. 8, 1985, 99 Stat. 663, 664, effective Oct. 1, 1985, related to establish- ment 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, § 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, § 711(c)(2), Dec. 4, 1987, 101 Stat. 1111, provided that: ‘‘The repeal of sec- tion 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 provi- sions of such section as in effect before such repeal shall continue to apply with respect to such agree- ment.’’ § 2122. Eligibility for participation (a) To be eligible for participation as a mem- ber 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 se- lected to receive specialized training; (2) sign an agreement that unless sooner sep- arated he will— (A) complete the educational phase of the program;