
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC2114]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                    PART III--TRAINING AND EDUCATION
 
    CHAPTER 104--UNIFORMED SERVICES UNIVERSITY OF THE HEALTH SCIENCES
 
Sec. 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).
    (b) 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. Notwithstanding any other provision of law, they shall serve 
on active duty in pay grade O-1 with full pay and allowances of that 
grade. Upon graduation they shall be appointed in a regular component, 
if qualified, unless they are covered by section 2115 of this title. 
Medical students who graduate shall be required, except as provided in 
section 2115 of this title, 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                                          Ready Reserve
  on Active Duty                                              Obligation
    Less than 8 years...................                         6 years
    8 years or more, but less than 9....                         4 years
    9 years or more, but less than 10...                         2 years

The service credit exclusions specified in section 2126 of this title 
shall apply to students covered by this section.
    (c) 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.
    (d) 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.
    (e)(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 Dean 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 Dean 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 Dean 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.
    (f) 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.
    (g) The Secretary of Defense 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(h) of this title.
    (h) A graduate of the University who is relieved of the graduate's 
active-duty service obligation under subsection (b) 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 or paragraph (2) of such section for 
members of the Armed Forces Health Professions Scholarship and Financial 
Assistance program.

(Added Pub. L. 92-426, Sec. 2(a), Sept. 21, 1972, 86 Stat. 715; amended 
Pub. L. 96-107, title VIII, Sec. 803(b), Nov. 9, 1979, 93 Stat. 812; 
Pub. L. 96-513, title I, Sec. 114, title V, Sec. 511(65), Dec. 12, 1980, 
94 Stat. 2877, 2926; Pub. L. 98-525, title XV, Sec. 1535, Oct. 19, 1984, 
98 Stat. 2633; Pub. L. 101-189, div. A, title V, Sec. 511(a), Nov. 29, 
1989, 103 Stat. 1439; Pub. L. 101-510, div. A, title V, Sec. 533(a), 
(b), Nov. 5, 1990, 104 Stat. 1564; Pub. L. 103-160, div. A, title VII, 
Sec. 732(a), Nov. 30, 1993, 107 Stat. 1696; Pub. L. 104-106, div. A, 
title X, Sec. 1072(b)(3), Feb. 10, 1996, 110 Stat. 446; Pub. L. 104-201, 
div. A, title VII, Sec. 741(b), Sept. 23, 1996, 110 Stat. 2599; Pub. L. 
105-85, div. A, title X, Sec. 1073(a)(38), Nov. 18, 1997, 111 Stat. 
1902.)


                               Amendments

    1997--Subsec. (h). Pub. L. 105-85 substituted ``section 2123(e)'' 
for ``section 2123(e)(1)''.
    1996--Subsec. (e)(1). Pub. L. 104-106 substituted ``The Secretary of 
Defense'' for ``The Board, upon approval of the Secretary of Defense,''.
    Subsec. (h). Pub. L. 104-201 added subsec. (h).
    1993--Subsec. (a). Pub. L. 103-160, Sec. 732(a)(1), substituted 
``Medical students'' for ``Students'' in first sentence.
    Subsec. (b). Pub. L. 103-160, Sec. 732(a)(2), substituted ``Medical 
students'' for ``Students'' in two places.
    Subsec. (d). Pub. L. 103-160, Sec. 732(a)(3), substituted ``medical 
student'' for ``member of the program'' in first sentence and ``any such 
student'' for ``any such member'' in two places in second sentence.
    Subsec. (g). Pub. L. 103-160, Sec. 732(a)(4), added subsec. (g).
    1990--Subsec. (b). Pub. L. 101-510, Sec. 533(b)(1), after fourth 
sentence inserted provisions relating to the time obligation to be 
served in the Ready Reserve upon completion of, or release from, the 
active-duty service obligation for members of the program who served on 
active duty for less than 10 years.
    Pub. L. 101-510, Sec. 533(a), substituted ``seven years'' for ``10 
years'' in fourth sentence.
    Subsec. (c). Pub. L. 101-510, Sec. 533(b)(2), substituted ``a 
commissioned service obligation'' for ``an active duty obligation''.
    Subsec. (f). Pub. L. 101-510, Sec. 533(b)(3), added subsec. (f).
    1989--Subsec. (b). Pub. L. 101-189 substituted ``10 years'' for 
``seven years'' in fourth sentence.
    1984--Subsec. (e). Pub. L. 98-525 added subsec. (e).
    1980--Subsec. (b). Pub. L. 96-513, Sec. 511(65), substituted 
``Secretary of Health and Human Services'' for ``Secretary of Health, 
Education, and Welfare'' wherever appearing.
    Pub. L. 96-513, Sec. 114, struck out provision under which officers 
attending the Uniformed Services University of Health Sciences were not 
counted against authorized military strengths.
    1979--Subsec. (b). Pub. L. 96-107 substituted ``uniformed'' for 
``uniform''.


                    Effective Date of 1996 Amendment

    Section 741(c) of Pub. L. 104-201 provided that: ``The amendments 
made by this section [amending this section and section 2123 of this 
title] shall apply with respect to individuals who first become members 
of the Armed Forces Health Professions Scholarship and Financial 
Assistance program or students of the Uniformed Services University of 
the Health Sciences on or after October 1, 1996.''


                    Effective Date of 1993 Amendment

    Section 732(b) of Pub. L. 103-160 provided that: ``The amendments 
made by subsection (a) [amending this section] shall apply with respect 
to students attending the Uniformed Services University of the Health 
Sciences on or after the date of the enactment of this Act [Nov. 30, 
1993].''


                    Effective Date of 1990 Amendment

    Section 533(d) of Pub. L. 101-510 provided that: ``The amendment 
made by subsection (b) [amending this section] shall take effect on 
December 31, 1991, and shall apply to persons who are first admitted to 
the Uniformed Services University of the Health Sciences after that 
date.''


                    Effective Date of 1989 Amendment

    Section 511(e) of Pub. L. 101-189, as amended by Pub. L. 101-510, 
div. A, title V, Sec. 533(c), Nov. 5, 1990, 104 Stat. 1564, provided 
that: ``The amendments made by this section [amending this section and 
sections 4348, 6959, and 9348 of this title] shall apply to persons who 
are first admitted to one of the military service academies after 
December 31, 1991.''


                    Effective Date of 1980 Amendment

    Amendment by section 114 of Pub. L. 96-513 effective Sept. 15, 1981, 
but the authority to prescribe regulations under the amendment by Pub. 
L. 96-513 effective on Dec. 12, 1980, see section 701 of Pub. L. 96-513, 
set out as a note under section 101 of this title.
    Amendment by section 511(65) of Pub. L. 96-513 effective Dec. 12, 
1980, see section 701(b)(3) of Pub. L. 96-513.

                          Transfer of Functions

    For transfer of authority of Board of Regents of Uniformed Services 
University of the Health Sciences to Secretary of Defense, see section 
8091 of Pub. L. 101-511, set out as a note under section 2113 of this 
title.


                          Transition Provisions

    Section 741(d)(2) of Pub. L. 104-201 provided that: ``In the case of 
any person who, as of October 1, 1996, is serving an active-duty service 
obligation as a graduate of the Uniformed Services University of the 
Health Sciences or is incurring an active-duty service obligation as a 
student of the University, and who is subsequently relieved of the 
active-duty service obligation before the completion of the obligation, 
the alternative obligations authorized by the amendment made by 
subsection (b) [amending this section] may be implemented by the 
Secretary of Defense with the agreement of the person.''
