Pub. L. 100-180, div. A, tit. VII, pt. A, sec. 711

REVISION OF RESERVE FORCES HEALTH PROFESSIONS FINANCIAL ASSISTANCE PROGRAM

EnactedYear: 1987Length: 1,682 wordsOfficial source
SEC. 711. REVISION OF RESERVE FORCES HEALTH PROFESSIONS FINANCIAL ASSISTANCE PROGRAM (a) In General.—Chapter 105 of title 10, United States Code, is amended— (1) by striking out the chapter heading and inserting in lieu thereof the following: “CHAPTER 105—ARMED FORCES HEALTH PROFESSIONS FINANCIAL ASSISTANCE PROGRAMS “SubchapterSec. I. Health Professions Scholarship Program for Active Service2120 II Health Professions Stipend Program for Reserve Service2128 “SUBCHAPTER 1—HEALTH PROFESSIONS SCHOLARSHIP PROGRAM FOR ACTIVE SERVICE” (2) by striking out “chapter” each place it appears in sections 2120, 2123, 2124, and 2127 and inserting in lieu thereof “subchapter”; and (3) by adding at the end the following new subchapter: “SUBCHAPTER II—HEALTH PROFESSIONS STIPEND PROGRAM FOR RESERVE SERVICE “Sec. “2128. Financial assistance: health-care professionals in reserve components. “2129. Reserve service: required active duty for training. “2130. Penalties, limitations, and other administrative provisions. “§ 2128. Financial assistance: health-care professionals in reserve components “(a) Establishment of Program.—For the purpose of obtaining adequate numbers of commissioned officers in the reserve components who are qualified in health professions specialties critically 101 STAT. 1109 needed in wartime, the Secretary of each military department may establish and maintain a program to provide financial assistance under this subchapter to persons engaged in training in such specialties. Under such a program, the Secretary concerned may agree to pay a financial stipend to persons engaged in training in certain health care specialties in return for a commitment to subsequent service in the Ready Reserve. “(b) Physicians in Critical Specialties.—(1) Under the stipend program under this subchapter, the Secretary of the military department concerned may enter into an agreement with a person who— “(A) is a graduate of a medical school; “(B) is eligible for appointment, designation, or assignment as a medical officer in the Reserve of the armed force concerned; and “(C) is enrolled or has been accepted for enrollment in a residency program for physicians in a medical specialty designated by the Secretary concerned as a specialty critically needed by that military department in wartime. “(2) Under the agreement— “(A) the Secretary shall agree to pay the participant a stipend, in an amount determined under subsection (e), for the period or the remainder of the period of the residency program in which the participant enrolls or is enrolled; “(B) the participant shall not be eligible to receive such stipend before appointment, designation, or assignment as a medical officer for service in the Ready Reserve; “(C) the participant shall be subject to such active duty requirements as may be specified in the agreement and to active duty in time of war or national emergency as provided by law for members of the Ready Reserve; and “(D) the participant shall agree to serve, upon successful completion of the program, two years in the Ready Reserve for each year, or part thereof, for which the stipend is provided, to be served in the Selected Reserve or in the Individual Ready Reserve as specified in the agreement. “(c) Registered Nurses in Critical Specialties.—“(1) Under the stipend program under this subchapter, the Secretary of the military department concerned may enter into an agreement with a person who— “(A) is a registered nurse; “(B) is eligible for appointment as— “(i) a Reserve officer for service in the Army Reserve in the Army Nurse Corps; “(ii) a Reserve officer for service in the Naval Reserve in the Navy Nurse Corps; or “(iii) a Reserve officer for service in the Air Force Reserve with a view to designation as an Air Force nurse under section 8067(e) of this title; “(C) is enrolled or has been accepted for enrollment in an accredited program in nursing in a specialty designated by the Secretary concerned as a specialty critically needed by that military department in wartime. “(2) Under the agreement— “(A) the Secretary shall agree to pay the participant a stipend, in an amount determined under subsection (e), for the 101 STAT. 1110 period or the remainder of the period of the nursing program in which the participant enrolls or is enrolled; “(B) the participant shall not be eligible to receive such stipend before being appointed as a Reserve officer for service in the Ready Reserve— “(i) in the Nurse Corps of the Army or Navy; or “(ii) as an Air Force nurse of the Air Force; “(C) the participant shall be subject to such active duty requirements as may be specified in the agreement and to active duty in time of war or national emergency as provided by law for members of the Ready Reserve; and “(D) the participant shall agree to serve, upon successful completion of the program, two years in the Ready Reserve for each year, or part thereof, for which the stipend is provided, to be served in the Selected Reserve or in the Individual Ready Reserve as specified in the agreement. “(d) Baccalaureate Students in Nursing or Other Health Professions.—(1) Under the stipend program under this subchapter, the Secretary of the military department concerned may enter into an agreement with a person who— “(A) will, upon completion of the program, be eligible to be appointed, designated, or assigned as a Reserve officer for duty as a nurse or other health professional; and “(B) is enrolled, or has been accepted for enrollment in the third or fourth year of— “(i) an accredited baccalaureate nursing program; or “(ii) any other accredited baccalaureate program leading to a degree in a health-care profession designated by the Secretary concerned as a profession critically needed by that military department in wartime. “(2) Under the agreement— “(A) the Secretary shall agree to pay the participant a stipend of $100 per month for the period or the remainder of the period of the baccalaureate program in which the participant enrolls or is enrolled; “(B) the participant shall not be eligible to receive such stipend before enlistment in the Ready Reserve; “(C) the participant shall be subject to such active duty requirements as may be specified in the agreement and to active duty in time of war or national emergency as provided by law for members of the Ready Reserve; and “(D) the participant shall agree to serve, upon graduation from the baccalaureate program, one year in the Ready Reserve for each year, or part thereof, for which the stipend is paid. “(e) Amount of Stipend.—The amount of a stipend under an agreement under subsection (b) or (c) shall be— “(1) the stipend rate in effect for participants in the Armed Forces Health Professions Scholarship Program under section 2121(d) of this title, if the participant has agreed to serve in the Selected Reserve; or “(2) one-half of that rate, if the participant has agreed to serve in the Individual Ready Reserve. “(f) Individual Ready Reserve Defined.—In this subchapter, the term ‘Individual Ready Reserve’ means that element of the Ready Reserve of an armed force other than the Selected Reserve. 101 STAT. 1111 “§ 2129. Reserve service: required active duty for training “(a) Selected Reserve.—A person who is required under an agreement under section 2128 of this title to serve in the Selected Reserve shall serve not less than 12 days of active duty for training each year during the period of service required by the agreement. “(b) IRR Service.—A person who is required under an agreement under section 2128 of this title to serve in the Individual Ready Reserve shall serve— “(1) not less than 30 days of initial active duty for training; and “(2) not less than five days of active duty for training each year during the period of service required by the agreement. “§ 2130. Penalties, limitations, and other administrative provisions “(a) Failure to Complete Program of Training.—“(1) A member of the program who, under regulations prescribed by the Secretary of Defense, is dropped from the program for deficiency in training, or for other reasons, shall be required, at the discretion of the Secretary concerned— “(A) to perform one year of active duty for each year (or part thereof) for which such person was provided financial assistance under this section; or “(B) to repay the United States an amount equal to the total amount paid to such person under the program. “(2) The Secretary of a military department, under regulations prescribed by the Secretary of Defense, may relieve a member participating in the program who is dropped from the program from any requirement that may be imposed under paragraph (1), but such relief shall not relieve him from any military obligation imposed by any other law. “(b) Prohibitions of Duplicate Benefits.—Financial assistance may not be provided under this section to a member receiving financial assistance under section 2107 of this title. “(c) Regulations.—This subchapter shall be administered under regulations prescribed by the Secretary of Defense.” (b) Clerical Amendments.—The tables of chapters at the beginning of subtitle A, and at the beginning of part III of subtitle A, of title 10, United States Code, are amended by striking out the item relating to chapter 105 and inserting in lieu thereof the following: “105. Armed Forces Health Professions Financial Assistance Programs2120”. (c) Repeal of Prior Program.—(1) Section 672 of the Department of Defense Authorization Act, 1986 (Public Law 99–145; 99 Stat. 663), is repealed. (2) The repeal of section 672 of the Department of Defense Authorization Act, 1986, by paragraph (1) does not affect an agreement entered into under that section before such repeal, and the provisions of such section as in effect before such repeal shall continue to apply with respect to such agreement. (d) Funding Limit for Fiscal Year 1988.—The total amount obligated during fiscal year 1988 under agreements under section 2128 of title 10, United States Code, as added by subsection (a), may not exceed $9,000,000. (e) Effective Dates.—(1) The repeal made by subsection (c) shall take effect on the date of the enactment of this Act. (2) An agreement entered into by the Secretary of a military department under section 2128 of title 10, United States Code, as 101 STAT. 1112 added by subsection (a), may not obligate the United States to make a payment for any period before the date of the enactment of this Act.