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current or new Department of Defense physician or a
Department of Defense health care professional which
provides for such physician or health care profes-
sional to complete a specified period of service in the
Department of Defense in return for an allowance for
the duration of such agreement in an amount to be
determined by the Secretary and specified in the
agreement, but not to exceed—
(A) in the case of a Department of Defense
physician—
(i) $25,000 per annum if, at the time
the agreement is entered into, the Depart-
ment of Defense physician has served as a
Department of Defense physician for 24
months or less; or
(ii) $40,000 per annum if the Depart-
ment of Defense physician has served as a
Department of Defense physician for more
than 24 months; and
(B) in the case of a Department of Defense
health care professional—
(i) an amount up to $5,000 per
annum if, at the time the agreement is en-
tered into, the Department of Defense health
care professional has served as a Depart-
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ment of Defense health care professional for
less than 10 years;
(ii) an amount up to $10,000 per
annum if, at the time the agreement is en-
tered into, the Department of Defense health
care professional has served as a Depart-
ment of Defense health care professional for
at least 10 years but less than 18 years; or
(iii) an amount up to $15,000 per
annum if, at the time the agreement is en-
tered into, the Department of Defense health
care professional has served as a Depart-
ment of Defense health care professional for
18 years or more.
(2) TREATMENT OF CERTAIN SERVICE.—(A) For
the purpose of determining length of service as a De-
partment of Defense physician, service as a physician
under section 4104 or 4114 of title 38, United States
Code, or active service as a medical officer in the
commissioned corps of the Public Health Service
under title II of the Public Health Service Act (42
U.S.C. 202 et seq.) shall be deemed service as a De-
partment of Defense physician.
(B) For the purpose of determining length of
service as a Department of Defense health care profes-
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sional, service as a nonphysician health care pro-
vider, psychologist, or social worker while serving as
an officer described under section 302c(d)(1) of title
37, United States Code, shall be deemed service as a
Department of Defense health care professional.
(b) CERTAIN PHYSICIANS AND PROFESSIONALS INELI-
GIBLE.—An allowance may not be paid under this section
to any physician or health care professional who—
(1) is employed on less than a half-time or inter-
mittent basis;
(2) occupies an internship or residency training
position; or
(3) is fulfilling a scholarship obligation.
(c) COVERED CATEGORIES OF POSITIONS.—The Sec-
retary of Defense shall determine categories of positions ap-
plicable to physicians and health care professionals within
the Department of Defense with respect to which there is
a significant recruitment and retention problem for pur-
poses of this section. Only physicians and health care pro-
fessionals serving in such positions shall be eligible for an
allowance under this section. The amounts of each such al-
lowance shall be determined by the Secretary, and shall be
the minimum amount necessary to deal with the recruit-
ment and retention problem for each such category of physi-
cians and health care professionals.
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(d) PERIOD OF SERVICE.—Any agreement entered into
by a physician or health care professional under this section
shall be for a period of service in the Department of Defense
specified in such agreement, which period may not be less
than one year of service or exceed four years of service.
(e) REPAYMENT.—Unless otherwise provided for in the
agreement under subsection (f), an agreement under this
section shall provide that the physician or health care pro-
fessional, in the event that such physician or health care
professional voluntarily, or because of misconduct, fails to
complete at least one year of service under such agreement,
shall be required to refund the total amount received under
this section unless the Secretary of Defense determines that
such failure is necessitated by circumstances beyond the
control of the physician or health care professional.
(f) TERMINATION OF AGREEMENT.—Any agreement
under this section shall specify the terms under which the
Secretary of Defense and the physician or health care pro-
fessional may elect to terminate such agreement, and the
amounts, if any, required to be refunded by the physician
or health care professional for each reason for termination.
(g) CONSTRUCTION WITH OTHER AUTHORITIES.—
(1) ALLOWANCE
NOT
TREATABLE
AS
BASIC
PAY.—An allowance paid under this section shall not
be considered as basic pay for the purposes of sub-
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chapter VI and section 5595 of chapter 55 of title 5,
United States Code, chapter 81 or 87 of such title, or
other benefits related to basic pay.
(2) PAYMENT.—Any allowance under this section
for a Department of Defense physician or Department
of Defense health care professional shall be paid in the
same manner and at the same time as the basic pay
of the physician or health care professional is paid.
(3) CONSTRUCTION WITH CERTAIN AUTHORITY.—
The authority to pay allowances under this section
may not be exercised together with the authority in
section 5948 of title 5, United States Code.
(h) ANNUAL REPORT.—
(1) ANNUAL REPORT.—Not later than June 30
each year, the Secretary of Defense shall submit to the
appropriate committees of Congress a written report
on the operation of this section during the preceding
year. Each report shall include—
(A) with respect to the year covered by such
report, information as to—
(i) the nature and extent of the recruit-
ment or retention problems justifying the
use by the Department of Defense of the au-
thority under this section;
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(ii) the number of physicians and
health care professionals with whom agree-
ments were entered into by the Department
of Defense;
(iii) the size of the allowances and the
duration of the agreements entered into; and
(iv) the degree to which the recruitment
or retention problems referred to in clause
(i) were alleviated under this section; and
(B) such recommendations as the Secretary
considers appropriate for actions (including leg-
islative actions) to improve or enhance the au-
thorities in this section to achieve the purpose
specified in subsection (a)(1).
(2) APPROPRIATE
COMMITTEES
OF
CONGRESS
DEFINED.—In this subsection, the term ‘‘appropriate
committees of Congress’’ means—
(A) the Committees on Armed Services and
Homeland Security and Governmental Affairs of
the Senate; and
(B) the Committees on Armed Services and
Homeland Security of the House of Representa-
tives.
(i) DEFINITIONS.—In this section: