§ 302e. — Special pay: nurse anesthetists.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 37USC302e]
TITLE 37--PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
CHAPTER 5--SPECIAL AND INCENTIVE PAYS
Sec. 302e. Special pay: nurse anesthetists
(a) Special Pay Authorized.--(1) An officer described in subsection
(b)(1) who, during the period beginning on November 29, 1989, and ending
on December 31, 2003, executes a written agreement to remain on active
duty for a period of one year or more may, upon the acceptance of the
agreement by the Secretary concerned, be paid incentive special pay in
an amount not to exceed $50,000 for any 12-month period.
(2) The Secretary concerned shall determine the amount of incentive
special pay to be paid to an officer under paragraph (1). In determining
that amount, the Secretary concerned shall consider the period of
obligated service provided for in the agreement under that paragraph.
(b) Covered Officers.--(1) An officer referred to in subsection (a)
is an officer of a uniformed service who--
(A) is an officer of the Nurse Corps of the Army or Navy, an
officer of the Air Force designated as a nurse, or an officer
designated as a nurse in the commissioned corps of the Public Health
Service;
(B) is a qualified certified registered nurse anesthetist; and
(C) is on active duty under a call or order to active duty for a
period of not less than one year.
(2) The Secretary of Defense may extend the special pay authorized
under subsection (a) to officers of the armed forces who serve in a
nursing specialty (other than as nurse anesthetists) that--
(A) is designated by the Secretary of the military department
concerned as critical to meet requirements (whether such specialty
is designated as critical to meet wartime or peacetime
requirements); and
(B) requires postbaccalaureate education and training.
(c) Termination of Agreement.--Under regulations prescribed by the
Secretary of Defense, with respect to the Army, Navy, and Air Force, and
the Secretary of Health and Human Services, with respect to the Public
Health Service, the Secretary concerned may terminate an agreement
entered into under subsection (a). Upon termination of an agreement, the
entitlement of the officer to special pay under this section and the
agreed upon commitment to active duty of the officer shall end. The
officer may be required to refund that part of the special pay
corresponding to the unserved period of active duty.
(d) Payment.--Special pay payable to an officer under subsection (a)
shall be paid annually at the beginning of the 12-month period for which
the officer is to receive that payment.
(e) Repayment.--(1) An officer who voluntarily terminates service on
active duty before the end of the period agreed to be served under
subsection (a) shall refund to the United States an amount that bears
the same ratio to the amount paid to the officer as the unserved part of
such period bears to the total period agreed to be served.
(2) An obligation to reimburse the United States imposed under
paragraph (1) is for all purposes a debt owed to the United States.
(3) A discharge in bankruptcy under title 11 that is entered less
than five years after the termination of an agreement under this section
does not discharge the person signing such agreement from a debt arising
under such agreement or this subsection. This paragraph applies to any
case commenced under title 11 after November 29, 1989.
(Added Pub. L. 101-189, div. A, title VII, Sec. 706(a)(1), Nov. 29,
1989, 103 Stat. 1472; amended Pub. L. 101-510, div. A, title VI,
Secs. 613(b), 614(a), (b), 618(c)(1), title XIV, Sec. 1484(d)(3), Nov.
5, 1990, 104 Stat. 1577, 1578, 1579, 1716; Pub. L. 102-25, title VII,
Sec. 702(a)(2)(B), (b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L.
102-484, div. A, title VI, Sec. 612(i), Oct. 23, 1992, 106 Stat. 2421;
Pub. L. 103-160, div. A, title VI, Sec. 611(c), Nov. 30, 1993, 107 Stat.
1679; Pub. L. 103-337, div. A, title VI, Sec. 612(c), Oct. 5, 1994, 108
Stat. 2783; Pub. L. 104-106, div. A, title VI, Sec. 612(c), Feb. 10,
1996, 110 Stat. 359; Pub. L. 104-201, div. A, title VI, Sec. 612(c),
Sept. 23, 1996, 110 Stat. 2543; Pub. L. 105-85, div. A, title VI,
Sec. 612(c), Nov. 18, 1997, 111 Stat. 1786; Pub. L. 105-261, div. A,
title VI, Sec. 612(c), Oct. 17, 1998, 112 Stat. 2039; Pub. L. 106-65,
div. A, title VI, Sec. 612(c), Oct. 5, 1999, 113 Stat. 650; Pub. L. 106-
398, Sec. 1 [[div. A], title VI, Secs. 622(c), 626(b)(1)], Oct. 30,
2000, 114 Stat. 1654, 1654A-151, 1654A-153; Pub. L. 107-107, div. A,
title VI, Sec. 612(c), Dec. 28, 2001, 115 Stat. 1135; Pub. L. 107-314,
div. A, title VI, Secs. 612(d), 615(f), Dec. 2, 2002, 116 Stat. 2567,
2569.)
Amendments
2002--Subsec. (a)(1). Pub. L. 107-314, Sec. 615(f), substituted
``$50,000'' for ``$15,000''.
Pub. L. 107-314, Sec. 612(d), substituted ``December 31, 2003'' for
``December 31, 2002''.
2001--Subsec. (a)(1). Pub. L. 107-107 substituted ``December 31,
2002'' for ``December 31, 2001''.
2000--Subsec. (a)(1). Pub. L. 106-398, Sec. 1 [[div. A], title VI,
Sec. 622(c)], substituted ``December 31, 2001'' for ``December 31,
2000''.
Subsec. (b)(2)(A). Pub. L. 106-398, Sec. 1 [[div. A], title VI,
Sec. 626(b)(1)], substituted ``the Secretary of the military department
concerned'' for ``the Secretary''.
1999--Subsec. (a)(1). Pub. L. 106-65 substituted ``December 31,
2000'' for ``December 31, 1999''.
1998--Subsec. (a)(1). Pub. L. 105-261 substituted ``December 31,
1999'' for ``September 30, 1999''.
1997--Subsec. (a)(1). Pub. L. 105-85 substituted ``September 30,
1999'' for ``September 30, 1998''.
1996--Subsec. (a)(1). Pub. L. 104-201 substituted ``September 30,
1998'' for ``September 30, 1997''.
Pub. L. 104-106 substituted ``September 30, 1997'' for ``September
30, 1996''.
1994--Subsec. (a)(1). Pub. L. 103-337 substituted ``September 30,
1996'' for ``September 30, 1995'' and ``$15,000'' for ``$6,000''.
1993--Subsec. (a)(1). Pub. L. 103-160 substituted ``September 30,
1995'' for ``September 30, 1993''.
1992--Subsec. (a)(1). Pub. L. 102-484 substituted ``September 30,
1993'' for ``September 30, 1992''.
1991--Pub. L. 102-25, Sec. 702(a)(2)(B), amended section catchline
generally.
Subsec. (d). Pub. L. 102-25, Sec. 702(b)(1), (c), struck out ``of
this section'' after ``subsection (a)''.
1990--Pub. L. 101-510, Sec. 618(c)(1), directed that section
catchline be amended to read ``Sec. 302c. Special pay: psychologists and
nonphysician health care providers''.
Subsec. (a)(1). Pub. L. 101-510, Sec. 1484(d)(3)(A), substituted
``November 29, 1989,'' for ``the date of the enactment of the National
Defense Authorization Act for Fiscal Years 1990 and 1991''.
Pub. L. 101-510, Sec. 614(b), substituted ``subsection (b)(1)'' for
``subsection (b)''.
Pub. L. 101-510, Sec. 613(b), substituted ``September 30, 1992,''
for ``September 30, 1991,''.
Subsec. (b). Pub. L. 101-510, Sec. 614(a), designated existing
provisions as par. (1), redesignated former pars. (1) to (3) as subpars.
(A) to (C), respectively, and added par. (2).
Subsec. (e)(3). Pub. L. 101-510, Sec. 1484(d)(3)(B), substituted
``November 29, 1989'' for ``the date of the enactment of the National
Defense Authorization Act for Fiscal Years 1990 and 1991''.
Application of Increase
In case of amendment by section 615 of Pub. L. 107-314 to increase
maximum amount of special pay or bonus that may be paid during any 12-
month period, the amended limitation is applicable to 12-month periods
beginning after Sept. 30, 2002, see section 615(i) of Pub. L. 107-314,
set out as a note under section 301d of this title.
Coverage of Period of Lapsed Authority
For provisions relating to coverage of period of lapsed authority
from Oct. 1, 1993, to Nov. 30, 1993, for payment of special pay
authorized under this section, see section 611(d) of Pub. L. 103-160,
set out as a note under section 2130a of Title 10, Armed Forces.
For provisions relating to coverage of period of lapsed authority
from Oct. 1, 1992, to Oct. 23, 1992, for payment of bonuses or other
special pay under this section, see section 612(j)(2) of Pub. L. 102-
484, set out as a note under section 301b of this title.
Implementation of Subsection (b)(2)
Pub. L. 101-510, div. A, title VI, Sec. 614(c), Nov. 5, 1990, 104
Stat. 1578, provided that the Secretary of Defense could not implement
subsec. (b)(2) of this section, unless the Secretary submitted to the
Committees on Armed Services of the Senate and House of Representatives
a report justifying the need of the departments for the authority
provided in such subsection and describing the manner in which that
authority would be implemented, prior to repeal by Pub. L. 106-398,
Sec. 1 [[div. A], title VI, Sec. 626(b)(2)], Oct. 30, 2000, 114 Stat.
1654, 1654A-153.
Section Referred to in Other Sections
This section is referred to in sections 302f, 303a of this title.
