Page:United States Statutes at Large Volume 95.djvu/935

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PUBLIC LAW 97-000—MMMM. DD, 1981

PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 909

subsection referred to as 'obligated service'), the Secretary shall, not later than ninety days before the date described in paragraph (5), determine if the individual shall provide such service— "(A) as a member of the Corps who is a commissioned officer in the Regular or Reserve Corps of the Service or who is a civilian employee of the United States, or (B) as a member of the Corps who is not such an officer or employee, and shall notify such individual of such determination. "(2) If the ^ c r e t a r y determines that an individual shall provide Obligated obligated service as a member of the Corps who is a commissioned service, officer in the Service or a civilian employee of the United States, the eligibility. Secretary shall, not later than sixty days before the date described in paragraph (5), provide such individual with sufficient information regarding the advantages and disadvantages of service as such a commissioned officer or civilian employee to enable the individual to make a decision on an informed basis. To be eligible to provide obligated service as a commissioned officer in the Service, an individual shall notify the Secretary, not later than thirty days before the date described in paragraph (5), of the individual's desire to provide such service as such an officer. If an individual qualifies for an appointment as such an officer, the Secretary shall, as soon as possible after the date described in paragraph (5), appoint the individual as a commissioned officer of the Regular or Reserve Corps of the Service and shall designate the individual as a member of the Corps. "(3) If an individual provided notice by the Secretary under Civilian paragraph (2) does not qualify for appointment as a commissioned employee, officer in the Service, the Secretary shall, as soon as possible after the designation. date described in paragraph (5), appoint such individual as a civilian employee of the United States and designate the individual as a member of the Corps. "(4) If the Secretary determines that an individual shall provide obligated service as a member of the Corps who is not an employee of the United States, the Secretary shall, as soon as possible after the date described in paragraph (5), designate such individual as a member of the Corps to provide such service.". (3) Section 338B(c)(l) (as redesignated by subsection (a) of this 42 USC 254m. section) is amended by striking out "or as a member of the Corps" and inserting in lieu thereof "or is designated as a member of the Corps under subsection (b)(3) or (b)(4)". (4) Section 338B(c)(2) (as redesignated by subsection (a) of this section) is amended by striking out section 753" and inserting in lieu thereof "section 338C. (5)(A) The first sentence of section 338B(d) (as redesignated by suljsection (a) of this section) is amended by striking out "subpart II of part D of title III" and inserting in lieu thereof "sections 331 through 335 and sections 337 and 338". (B) The second sentence of such section is amended by inserting after "written contract" the following: "and if such individual is an officer in the Service or a civilian employee of the United States". (6) Section 338B(e) (as redesignated by subsection (a) of this section) is amended to read as follows: "(e) Notwithstanding any other provision of this title, service of an individual under a National Research Service Award awarded under subparagraph (A) or (B) of section 472(a)(l) shall be counted against 42 USC 289M. the period of obligated service which the individual is required to perform under the Scholarship Program.".