10 U.S.C. § 2123 — Members of the program: active duty obli-

Page 1690 TITLE 10—ARMED FORCES § 2123 (B) accept an appropriate reappointment or designation within his military service, if tendered, based upon his health profession, following satisfactory completion of the pro- gram; (C) participate in the intern program of his service if selected for such participation; (D) participate in the residency program of his service, if selected, or be released from active duty for the period required to under- go civilian residency if selected for such training; and (E) because of his sincere motivation and dedication to a career in the uniformed serv- ices, participate in military training while he is in the program, under regulations pre- scribed by the Secretary of Defense; and (3) meet the requirements for appointment as a commissioned officer. (b) The Secretary of Defense may require, as part of the agreement under subsection (a)(2), that a person must agree to accept, if offered, residency training in a health profession skill which has been designated by the Secretary as a critically needed wartime skill. (Added Pub. L. 92–426, § 2(a), Sept. 21, 1972, 86 Stat. 717; amended Pub. L. 100–180, div. A, title VII, § 712(a), Dec. 4, 1987, 101 Stat. 1112; Pub. L. 101–189, div. A, title VII, § 725(c), Nov. 29, 1989, 103 Stat. 1479.) Editorial Notes AMENDMENTS 1989—Subsec. (a)(1). Pub. L. 101–189 substituted ‘‘study or selected to receive specialized training’’ for ‘‘study, as that term is defined in section 2120(3) of this title’’. 1987—Pub. L. 100–180 designated existing provisions as subsec. (a) and added subsec. (b). § 2123. Members of the program: active duty obli- gation; failure to complete training; release from program (a) A member of the program incurs an active duty obligation. The amount of his obligation shall be determined under regulations prescribed by the Secretary of Defense, but those regula- tions may not provide for a period of obligation of less than one year for each year of participa- tion in the program. (b) A period of time spent in military intern or residency training shall not be creditable in sat- isfying an active duty obligation imposed by this section. (c) A member of the program who, under regu- lations 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 appro- priate military capacity in accordance with the active duty obligation imposed by this section. (d) The Secretary of a military department, under regulations prescribed by the Secretary of Defense, may relieve a member of the program who is dropped from the program from an active duty obligation imposed by this section, but such relief shall not relieve him from any mili- tary obligation imposed by any other law. (e)(1) A member of the program who is relieved of the member’s active duty obligation under this subchapter before the completion of that active duty obligation may be given, with or without the consent of the member, any of the following alternative obligations, as determined by the Secretary of the military department concerned: (A) A service obligation in another armed force for a period of time not less than the member’s remaining active duty service obli- gation. (B) A service obligation in a component of the Selected Reserve for a period not less than twice as long as the member’s remaining ac- tive duty service obligation. (C) Repayment to the Secretary of Defense of a percentage of the total cost incurred by the Secretary under this subchapter on behalf of the member pursuant to the repayment pro- visions of section 303a(e) or 373 of title 37. (2) In addition to the alternative obligations specified in paragraph (1), if the member is re- lieved of an active duty obligation by reason of the separation of the member because of a phys- ical disability, the Secretary of the military de- partment concerned may give the member a service obligation as a civilian employee em- ployed as a health care professional in a facility of the uniformed services for a period of time equal to the member’s remaining active duty service obligation. (3) The Secretary of Defense shall prescribe regulations describing the manner in which an alternative obligation may be given under this subsection. (Added Pub. L. 92–426, § 2(a), Sept. 21, 1972, 86 Stat. 718; amended Pub. L. 96–513, title V, § 511(67), Dec. 12, 1980, 94 Stat. 2926; Pub. L. 100–180, div. A, title VII, § 711(a)(2), Dec. 4, 1987, 101 Stat. 1108; Pub. L. 101–597, title IV, § 401(b), Nov. 16, 1990, 104 Stat. 3035; Pub. L. 104–201, div. A, title VII, § 741(a), Sept. 23, 1996, 110 Stat. 2599; Pub. L. 109–163, div. A, title VI, § 687(c)(5), Jan. 6, 2006, 119 Stat. 3334; Pub. L. 115–91, div. A, title VI, § 618(a)(1)(E), Dec. 12, 2017, 131 Stat. 1426.) Editorial Notes AMENDMENTS 2017—Subsec. (e)(1)(C). Pub. L. 115–91 inserted ‘‘or 373’’ before ‘‘of title 37’’. 2006—Subsec. (e)(1)(C). Pub. L. 109–163 substituted ‘‘pursuant to the repayment provisions of section 303a(e) of title 37.’’ for ‘‘equal to the percentage of the member’s total active duty service obligation being re- lieved, plus interest.’’ 1996—Subsec. (e). Pub. L. 104–201 amended subsec. (e) generally. Prior to amendment, subsec. (e) read as fol- lows: ‘‘Any member of the program relieved of his ac- tive duty obligation under this subchapter before the completion of such obligation may, under regulations prescribed by the Secretary of Defense, be assigned to a health professional shortage area designated by the Secretary of Health and Human Services for a period equal to the period of obligation from which he was re- lieved.’’ 1990—Subsec. (e). Pub. L. 101–597 substituted ‘‘a health professional shortage area’’ for ‘‘an area of health manpower shortage’’. 1987—Subsec. (e). Pub. L. 100–180 substituted ‘‘sub- chapter’’ for ‘‘chapter’’. 1980—Subsec. (e). Pub. L. 96–513 substituted ‘‘Sec- retary of Health and Human Services’’ for ‘‘Secretary of Health, Education, and Welfare’’. Page 1691 TITLE 10—ARMED FORCES § 2126 Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–201 applicable with re- spect to individuals who first become members of Armed Forces Health Professions Scholarship and Fi- nancial Assistance program or students of Uniformed Services University of the Health Sciences on or after Oct. 1, 1996, see section 741(c) of Pub. L. 104–201, set out as a note under section 2114 of this title. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title. SAVINGS PROVISION For savings provision relating to payment or repay- ment of any bonus, incentive pay, special pay, or simi- lar pay obligated to be paid before Apr. 1, 2006, under a provision of this section amended by section 687(c) of Pub. L. 109–163, see section 687(f) of Pub. L. 109–163, set out as a note under section 510 of this title. TRANSITION PROVISIONS Pub. L. 104–201, div. A, title VII, § 741(d)(1), Sept. 23, 1996, 110 Stat. 2600, provided that: ‘‘In the case of any member of the Armed Forces Health Professions Schol- arship and Financial Assistance program who, as of Oc- tober 1, 1996, is serving an active duty obligation under the program or is incurring an active duty obligation as a participant in the program, and who is subse- quently relieved of the active duty obligation before the completion of the obligation, the alternative obli- gations authorized by the amendment made by sub- section (a) [amending this section] may be used by the Secretary of the military department concerned with the agreement of the member.’’ § 2124. Members of the program: numbers ap- pointed (a) AUTHORIZED NUMBER OF MEMBERS OF THE PROGRAM.—The number of persons who may be designated as members of the program for train- ing in each health profession shall be as pre- scribed by the Secretary of Defense, except that the total number of persons so designated may not, at any time, exceed 6,300. (b) MENTAL HEALTH PROFESSIONALS.—Of the number of persons designated as members of the program at any time, 300 may be members of the program described in section 2121(a)(1)(B) of this title. (Added Pub. L. 92–426, § 2(a), Sept. 21, 1972, 86 Stat. 718; amended Pub. L. 99–145, title VI, § 672(i), Nov. 8, 1985, 99 Stat. 664; Pub. L. 100–180, div. A, title VII, §§ 711(a)(2), 712(b)(1), Dec. 4, 1987, 101 Stat. 1108, 1112; Pub. L. 101–189, div. A, title VII, § 725(g), Nov. 29, 1989, 103 Stat. 1480; Pub. L. 102–190, div. A, title VII, § 717, Dec. 5, 1991, 105 Stat. 1404; Pub. L. 111–84, div. A, title V, § 524(b), Oct. 28, 2009, 123 Stat. 2285.) Editorial Notes AMENDMENTS 2009—Pub. L. 111–84 designated existing provisions as subsec. (a), inserted heading, substituted ‘‘6,300’’ for ‘‘6,000’’, and added subsec. (b). 1991—Pub. L. 102–190 substituted ‘‘except that the total number of persons so designated may not, at any time, exceed 6,000.’’ for ‘‘except that— ‘‘(1) the total number of persons so designated in all of the programs authorized by this subchapter shall not, at any time, exceed 6,000; and ‘‘(2) after September 30, 1991, of the total number of persons so designated, at least 2,500 shall be persons— ‘‘(A) who are in the final two years of their course of study; and ‘‘(B) who have agreed to accept, if offered, resi- dency training in a health profession skill which has been designated by the Secretary as a critically needed wartime skill.’’ 1989—Par. (2). Pub. L. 101–189 inserted ‘‘after Sep- tember 30, 1991,’’ after ‘‘(2)’’. 1987—Pub. L. 100–180, § 712(b)(1), substituted ‘‘except that—’’ and pars. (1) and (2) for ‘‘except that the total number of persons so designated in all of the programs authorized by this subchapter shall not, at any time, exceed 6,000.’’ Pub. L. 100–180, § 711(a)(2), substituted ‘‘subchapter’’ for ‘‘chapter’’. 1985—Pub. L. 99–145 substituted ‘‘6,000’’ for ‘‘5,000’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1987 AMENDMENT Pub. L. 100–180, div. A, title VII, § 712(b)(2), Dec. 4, 1987, 101 Stat. 1112, provided that: ‘‘The amendment made by paragraph (1) [amending this section] shall take effect on October 1, 1989.’’ EFFECTIVE DATE OF 1985 AMENDMENT Pub. L. 99–145, title VI, § 672(j), Nov. 8, 1985, 99 Stat. 664, which provided that amendment made by that sec- tion was to take effect on Oct. 1, 1985, was repealed by Pub. L. 100–180, § 711(c)(1), (e)(1), eff. Dec. 4, 1987. REPEALS The directory language of, but not the amendment made by, Pub. L. 99–145, title VI, § 672(i), Nov. 8, 1985, 99 Stat. 664, cited as a credit to this section, was repealed by Pub. L. 100–180, § 711(c)(1), (e)(1), eff. Dec. 4, 1987. § 2125. Members of the program: exclusion from authorized strengths Notwithstanding any other provision of law, members of the program shall not be counted against any prescribed military strengths. (Added Pub. L. 92–426, § 2(a), Sept. 21, 1972, 86 Stat. 718.) § 2126. Members of the program: service credit (a) SERVICE NOT CREDITABLE.—Except as pro- vided in subsection (b), service performed while a member of the program shall not be counted— (1) in determining eligibility for retirement other than by reason of a physical disability incurred while on active duty as a member of the program; or (2) in computing years of service creditable under section 205 of title 37. (b) SERVICE CREDITABLE FOR CERTAIN PUR- POSES.—(1) The Secretary concerned may au- thorize service performed by a member of the program in pursuit of a course of study under this subchapter to be counted in accordance with this subsection if the member— (A) completes the course of study; (B) completes the active duty obligation im- posed under section 2123(a) of this title; and (C) possesses a specialty designated by the Secretary concerned as critically needed in wartime. (2) Service credited under paragraph (1) counts only for the award of retirement points for com- putation of years of service under section 12732