10 U.S.C. § 16201

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 16201 - 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, the Secretary of each military department may establish and maintain a program to provide financial assistance under this chapter to persons engaged in training that leads to a degree in medicine or dentistry or training in a health professions specialty that is critically needed in wartime. Under such a program, the Secretary concerned may agree to pay a financial stipend to persons engaged in health care education and training in return for a commitment to subsequent service in the Selected Reserve of the Ready Reserve.

(b) MEDICAL AND DENTAL SCHOOL STUDENTS.-

(1) Under the stipend program under this chapter, the Secretary of the military department concerned may enter into an agreement with a person who-

(A) is eligible to be appointed as an officer in a reserve component;

(B) is enrolled or has been accepted for enrollment in an institution in a course of study that results in a degree in medicine or dentistry;

(C) signs an agreement that, unless sooner separated, the person will-

(i) complete the educational phase of the program;

(ii) accept a reappointment or redesignation within the person's reserve component, if tendered, based upon the person's health profession, following satisfactory completion of the educational and intern programs; and

(iii) participate in a residency program; and

(D) if required by regulations prescribed by the Secretary of Defense, agrees to apply for, if eligible, and accept, if offered, residency training in a health profession skill which has been designated by the Secretary of Defense as a critically needed wartime skill.

(2) Under the agreement-

(A) the Secretary of the military department concerned shall agree to pay the participant a stipend, in the amount determined under subsection (g), for the period or the remainder of the period that the student is satisfactorily progressing toward a degree in medicine or dentistry while enrolled in an accredited medical or dental school;

(B) the participant shall not be eligible to receive such stipend before appointment, designation, or assignment as an 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 in the Selected Reserve, upon successful completion of the program, for the period of service applicable under paragraph (3).

(3)

(A) Subject to subparagraph (B), the period for which a participant is required to serve in the Selected Reserve under the agreement pursuant to paragraph (2)(D) shall be one year for each period of six months, or part thereof, for which the participant is provided a stipend pursuant to the agreement.

(B) In the case of a participant who enters into a subsequent agreement under subsection (c) and successfully completes residency training in a specialty designated by the Secretary of Defense as a specialty critically needed by the military department in wartime, the requirement to serve in the Selected Reserve may be reduced to one year for each year, or part thereof, for which the stipend was provided while enrolled in medical or dental school.

(c) PHYSICIANS AND DENTISTS IN CRITICAL WARTIME SPECIALTIES.-

(1) Under the stipend program under this chapter, the Secretary of the military department concerned may enter into an agreement with a person who-

(A) is a graduate of a medical school or dental school;

(B) is eligible for appointment, designation, or assignment as a medical officer or dental officer in the Reserve of the armed force concerned or has been appointed as a medical or dental 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 or dentists in a medical or dental 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 (g), 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 or dental officer for service in the Ready Reserve;

(D) the participant shall agree to serve, upon successful completion of the program, one year in the Selected Reserve for each six months, or part thereof, for which the stipend is provided.

(d) REGISTERED NURSES IN CRITICAL SPECIALTIES.-

(1) Under the stipend program under this chapter, 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 a Reserve officer for service in a reserve component in a Nurse Corps or as a nurse; and

(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 (g), for the 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 in a Nurse Corps or as a nurse;

(D) the participant shall agree to serve, upon successful completion of the program, one year in the Selected Reserve for each six months, or part thereof, for which the stipend is provided.

(e) BACCALAUREATE STUDENTS IN NURSING OR OTHER HEALTH PROFESSIONS.-

(1) Under the stipend program under this chapter, 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 monthly stipend in an amount not to exceed the stipend rate in effect under section 2121(d) of this title 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;

(D) the participant shall agree to serve, upon graduation from the baccalaureate program, one year in the Selected Reserve for each year, or part thereof, for which the stipend is paid.

(f) MENTAL HEALTH PROFESSIONALS IN CRITICAL WARTIME SPECIALTIES.-

(1) Under the stipend program under this chapter, the Secretary of the military department concerned may enter into an agreement with a person who-

(A) is eligible to be appointed as an officer in a reserve component;

(B) is enrolled or has been accepted for enrollment in an institution in a course of study that results in a degree in clinical psychology or social work;

(C) signs an agreement that, unless sooner separated, the person will-

(i) complete the educational phase of the program;

(iii) participate in a residency program if required for clinical licensure in a mental health profession skill; and

(D) if required by regulations prescribed by the Secretary of Defense, agrees to apply for, if eligible, and accept, if offered, residency training in a mental health profession skill that has been designated by the Secretary as a critically needed wartime skill.

(2) Under the agreement-

(A) the Secretary of the military department concerned shall agree to pay the participant a stipend, in the amount determined under subsection (g), for the period or the remainder of the period that the student is satisfactorily progressing toward a degree in clinical psychology or social work while enrolled in a school accredited in the designated mental health discipline;

(B) the participant shall not be eligible to receive such stipend before appointment, designation, or assignment as an officer for service in the Selected Reserve;

(D) the participant shall agree to serve, upon successful completion of the program, one year in the Selected Reserve for each six months, or part thereof, for which the stipend is provided.

(g) AMOUNT OF STIPEND.-The amount of a stipend under an agreement under subsection (b), (c), (d), or (f) shall be the stipend rate in effect for participants in the Armed Forces Health Professions Scholarship Program under section 2121(d) of this title.

10 U.S.C. § 16201

Added Pub. L. 100-180, div. A, title VII, §711(a)(3), Dec. 4, 1987, 101 Stat. 1108, §2128; renumbered §16201 and amended Pub. L. 103-337, div. A, title XVI, §1663(c)(2), (5), Oct. 5, 1994, 108 Stat. 3007, 3008; Pub. L. 104-106, div. A, title VII, §736, Feb. 10, 1996, 110 Stat. 383; Pub. L. 107-107, div. A, title V, §539, Dec. 28, 2001, 115 Stat. 1108; Pub. L. 109-163, div. A, title V, §515(b)(1)(WW), Jan. 6, 2006, 119 Stat. 3234; Pub. L. 110-417, [div. A], title VI, §616(c), Oct. 14, 2008, 122 Stat. 4486; Pub. L. 111-84, div. A, title X, §1073(c)(3), Oct. 28, 2009, 123 Stat. 2474; Pub. L. 112-81, div. A, title V, §556, Dec. 31, 2011, 125 Stat. 1416; Pub. L. 113-66, div. A, title VI, §618, Dec. 26, 2013, 127 Stat. 782.

EDITORIAL NOTES

AMENDMENTS2013-Subsec. (a). Pub. L. 113-66, §618(b)(1), substituted "the Selected Reserve of the Ready Reserve" for "the Ready Reserve".Subsec. (c)(2)(D). Pub. L. 113-66, §618(b)(2), added subpar. (D) and struck out former subpar. (D) which read as follows: "the participant shall agree to serve, upon successful completion of the program, one year in the Ready Reserve for each six months, 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." Subsec. (d)(1)(B). Pub. L. 113-66, §618(a)(1), added subpar. (B) and struck out former subpar. (B) which read as follows: "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 Navy 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; and".Subsec. (d)(2)(B). Pub. L. 113-66, §618(a)(2), added subpar. (B) and struck out former subpar. (B) which read as follows: "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;". Subsec. (d)(2)(D). Pub. L. 113-66, §618(b)(3), added subpar. (D) and struck out former subpar. (D) which read as follows: "the participant shall agree to serve, upon successful completion of the program, one year in the Ready Reserve for each six months, 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."Subsec. (e)(2)(D). Pub. L. 113-66, §618(b)(4), substituted "the Selected Reserve" for "the Ready Reserve".Subsec. (g). Pub. L. 113-66, §618(c), amended subsec. (g) generally. Prior to amendment, text read as follows: "The amount of a stipend under an agreement under subsection (b), (c), or (f) 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." 2011-Subsecs. (b)(2)(A), (c)(2)(A), (d)(2)(A). Pub. L. 112-81, §556(b)(1), substituted "subsection (g)" for "subsection (f)".Subsec. (f). Pub. L. 112-81, §556(a)(2), added subsec. (f). Former subsec. (f) redesignated (g).Subsec. (g). Pub. L. 112-81, §556(a)(1), (b)(2), redesignated subsec. (f) as (g) and substituted "subsection (b), (c), or (f)" for "subsection (b) or (c)" in introductory provisions.2009-Subsec. (e)(2)(A). Pub. L. 111-84 made technical amendment to directory language of Pub. L. 110-417, §616(c) . See 2008 Amendment note below. 2008-Subsec. (e)(2)(A). Pub. L. 110-417, §616(c), as amended by Pub. L. 111-84, substituted "monthly stipend in an amount not to exceed the stipend rate in effect under section 2121(d) of this title" for "stipend of $100 per month".2006-Subsec. (d)(1)(B)(ii). Pub. L. 109-163 substituted "Navy Reserve" for "Naval Reserve".2001-Subsec. (a). Pub. L. 107-107, §539(a), struck out "specialties critically needed in wartime" after "qualified in health professions" and substituted "training that leads to a degree in medicine or dentistry or training in a health professions specialty that is critically needed in wartime" for "training in such specialties" and "health care education and training" for "training in certain health care specialties".Subsec. (b). Pub. L. 107-107, §539(b)(2), added subsec. (b). Former subsec. (b) redesignated (c). Subsec. (c). Pub. L. 107-107, §539(b)(1), (c)(1), redesignated subsec. (b) as (c) and inserted "Wartime" after "Critical" in heading. Former subsec. (c) redesignated (d).Subsec. (c)(1)(B). Pub. L. 107-107, §539(c)(2), inserted "or has been appointed as a medical or dental officer in the Reserve of the armed force concerned" before semicolon at end.Subsec. (c)(2)(A). Pub. L. 107-107, §539(e), substituted "subsection (f)" for "subsection (e)".Subsec. (c)(2)(D). Pub. L. 107-107, §539(d), substituted "one year in the Ready Reserve for each six months" for "two years in the Ready Reserve for each year".Subsec. (d). Pub. L. 107-107, §539(b)(1), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e). Subsec. (d)(2)(A). Pub. L. 107-107, §539(e), substituted "subsection (f)" for "subsection (e)".Subsec. (d)(2)(D). Pub. L. 107-107, §539(d), substituted "one year in the Ready Reserve for each six months" for "two years in the Ready Reserve for each year". Subsecs. (e), (f). Pub. L. 107-107, §539(b)(1), redesignated subsecs. (d) and (e) as (e) and (f), respectively. 1996-Subsec. (b). Pub. L. 104-106, §736(1), inserted "and Dentists" in heading.Subsec. (b)(1)(A). Pub. L. 104-106, §736(2), inserted "or dental school" after "medical school".Subsec. (b)(1)(B). Pub. L. 104-106, §736(3), inserted "or dental officer" after "medical officer".Subsec. (b)(1)(C). Pub. L. 104-106, §736(4), substituted "physicians or dentists in a medical or dental specialty" for "physicians in a medical specialty".Subsec. (b)(2)(B). Pub. L. 104-106, §736(3), inserted "or dental officer" after "medical officer". 1994- Pub. L. 103-337, §1663(c)(2), renumbered section 2128 of this title as this section.Subsecs. (a), (b)(1), (c)(1), (d)(1). Pub. L. 103-337, §1663(c)(5), substituted "chapter" for "subchapter".Subsec. (f). Pub. L. 103-337, §1663(c)(2), struck out subsec. (f) which defined "Individual Ready Reserve".

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 2009 AMENDMENT Pub. L. 111-84, div. A, title X, §1073(c), Oct. 28, 2009, 123 Stat. 2474, provided that the amendment made by section 1073(c)(3) is effective as of Oct. 14, 2008, and as if included in Pub. L. 110-417 as enacted.

EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103-337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103-337, set out as an Effective Date note under section 10001 of this title.

PAYMENTS FOR PERIOD PRIOR TO DECEMBER 4, 1987Pub. L. 100-180, div. A, title VII, §711(e)(2), Dec. 4, 1987, 101 Stat. 1111, provided that: "An agreement entered into by the Secretary of a military department under section 2128 [now 16201] of title 10, United States Code, as 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 [Dec. 4, 1987]."

Secretary concerned: The term "Secretary concerned" means-(A) the Secretary of the Army, with respect to matters concerning the Army;(B) the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Department of the Navy;(C) the Secretary of the Air Force, with respect to matters concerning the Air Force and the Space Force; and(D) the Secretary of Homeland Security, with respect to matters concerning the Coast Guard when it is not operating as a service in the Department of the Navy.
active duty: The term "active duty" means full-time duty in the active military service of the United States, including sustained duty in the Space Force. Such term includes full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned. Such term does not include full-time National Guard duty.
armed forces: The term "armed forces" means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
dental officer: The term "dental officer" means an officer of the Dental Corps of the Army, an officer of the Dental Corps of the Navy, or an officer of the Air Force designated as a dental officer.
medical officer: The term "medical officer" means an officer of the Medical Corps of the Army, an officer of the Medical Corps of the Navy, or an officer in the Air Force designated as a medical officer.
officer: The term "officer" means a commissioned or warrant officer.
pay: The term "pay" includes basic pay, special pay, retainer pay, incentive pay, retired pay, and equivalent pay, but does not include allowances.