
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC2123]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                    PART III--TRAINING AND EDUCATION
 
   CHAPTER 105--ARMED FORCES HEALTH PROFESSIONS FINANCIAL ASSISTANCE 
                                PROGRAMS
 
 SUBCHAPTER I--HEALTH PROFESSIONS SCHOLARSHIP AND FINANCIAL ASSISTANCE 
                       PROGRAM FOR ACTIVE SERVICE
 
Sec. 2123. Members of the program: active duty obligation; 
        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 regulations may not 
provide for a period of obligation of less than one year for each year 
of participation in the program.
    (b) A period of time spent in military intern or residency training 
shall not be creditable in satisfying an active duty obligation imposed 
by this section.
    (c) A member of the program 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.
    (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 
military 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 
    obligation.
        (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 
    active 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 equal to the percentage of the member's total active 
    duty service obligation being relieved, plus interest.

    (2) In addition to the alternative obligations specified in 
paragraph (1), if the member is relieved of an active duty obligation by 
reason of the separation of the member because of a physical disability, 
the Secretary of the military department concerned may give the member a 
service obligation as a civilian employee employed 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, Sec. 2(a), Sept. 21, 1972, 86 Stat. 718; amended 
Pub. L. 96-513, title V, Sec. 511(67), Dec. 12, 1980, 94 Stat. 2926; 
Pub. L. 100-180, div. A, title VII, Sec. 711(a)(2), Dec. 4, 1987, 101 
Stat. 1108; Pub. L. 101-597, title IV, Sec. 401(b), Nov. 16, 1990, 104 
Stat. 3035; Pub. L. 104-201, div. A, title VII, Sec. 741(a), Sept. 23, 
1996, 110 Stat. 2599.)


                               Amendments

    1996--Subsec. (e). Pub. L. 104-201 amended subsec. (e) generally. 
Prior to amendment, subsec. (e) read as follows: ``Any member of the 
program relieved of his active 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 relieved.''
    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 ``subchapter'' for 
``chapter''.
    1980--Subsec. (e). Pub. L. 96-513 substituted ``Secretary of Health 
and Human Services'' for ``Secretary of Health, Education, and 
Welfare''.


                    Effective Date of 1996 Amendment

    Amendment by Pub. L. 104-201 applicable with respect to individuals 
who first become members of Armed Forces Health Professions Scholarship 
and Financial 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.


                          Transition Provisions

    Section 741(d)(1) of Pub. L. 104-201 provided that: ``In the case of 
any member of the Armed Forces Health Professions Scholarship and 
Financial Assistance program who, as of October 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 subsequently 
relieved of the active duty obligation before the completion of the 
obligation, the alternative obligations authorized by the amendment made 
by subsection (a) [amending this section] may be used by the Secretary 
of the military department concerned with the agreement of the member.''

                  Section Referred to in Other Sections

    This section is referred to in sections 2114, 2126, 2173 of this 
title.
