
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 538]
[Document affected by Public Law 107-107 Section 612(a)]
[CITE: 10USC2130a]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                    PART III--TRAINING AND EDUCATION
 
   CHAPTER 105--ARMED FORCES HEALTH PROFESSIONS FINANCIAL ASSISTANCE 
                                PROGRAMS
 
        SUBCHAPTER II--NURSE OFFICER CANDIDATE ACCESSION PROGRAM
 
Sec. 2130a. Financial assistance: nurse officer candidates

    (a) Bonus Authorized.--(1) A person described in subsection (b) who, 
during the period beginning on November 29, 1989, and ending on December 
31, 2001, executes a written agreement in accordance with subsection (c) 
to accept an appointment as a nurse officer may, upon the acceptance of 
the agreement by the Secretary concerned, be paid an accession bonus of 
not more than $5,000. The bonus shall be paid in periodic installments, 
as determined by the Secretary concerned at the time the agreement is 
accepted, except that the first installment may not exceed $2,500.
    (2) In addition to the accession bonus payable under paragraph (1), 
a person selected under such paragraph shall be entitled to a monthly 
stipend of not more than $500 for each month the individual is enrolled 
as a full-time student in an accredited baccalaureate degree program in 
nursing at a civilian educational institution that does not have a 
Senior Reserve Officers' Training Program established under section 2102 
of this title by the Secretary selecting the person. The continuation 
bonus may be paid for not more than 24 months.
    (b) Eligible Students.--A person eligible to enter into an agreement 
under subsection (a) is a person who--
        (1) is enrolled as a full-time student in an accredited 
    baccalaureate degree program in nursing at a civilian educational 
    institution that does not have a Senior Reserve Officers' Training 
    Program established under section 2102 of this title by the 
    Secretary selecting the person;
        (2) has completed the second year of an accredited baccalaureate 
    degree program in nursing and has more than 6 months of academic 
    work remaining before graduation; and
        (3) meets the qualifications for appointment as an officer of a 
    reserve component of the Army, Navy, or Air Force as set forth in 
    section 12201 of this title or, in the case of the Public Health 
    Service, section 207 of the Public Health Service Act (42 U.S.C. 
    209) and the regulations of the Secretary concerned.

    (c) Required Agreement.--The agreement referred to in subsection (a) 
shall provide that the person executing the agreement agrees to the 
following:
        (1) That the person will complete the nursing degree program 
    described in subsection (b)(1).
        (2) That, upon acceptance of the agreement by the Secretary 
    concerned, the person will enlist in a reserve component of an armed 
    force.
        (3) That the person will accept an appointment as an officer in 
    the Nurse Corps of the Army or the Navy or as an officer designated 
    as a nurse officer in the Air Force or commissioned corps of the 
    Public Health Service, as the case may be, upon graduation from the 
    nursing degree program.
        (4) That the person will serve on active duty as such an 
    officer--
            (A) for a period of 4 years in the case of a person whose 
        agreement was accepted by the Secretary concerned during that 
        person's fourth year of the nursing degree program; or
            (B) for a period of 5 years in the case of a person whose 
        agreement was accepted by the Secretary concerned during that 
        person's third year of the nursing degree program.

    (d) Refund of Payments.--(1) A person shall refund any bonus or 
stipend paid under subsection (a) if the person--
        (A) fails to complete a nursing degree program in which the 
    person is enrolled in accordance with the agreement entered into 
    under such subsection;
        (B) having completed the nursing degree program, fails to accept 
    an appointment, if tendered, as an officer of the Nurse Corps of the 
    Army or the Navy or as an officer designated as a nurse officer of 
    the Air Force or commissioned corps of the Public Health Service; or
        (C) fails to complete the period of obligated active service 
    required under the agreement.

    (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.
    (e) Regulations.--The Secretaries concerned shall prescribe 
regulations to carry out this section.

(Added Pub. L. 101-189, div. A, title VII, Sec. 707(a), Nov. 29, 1989, 
103 Stat. 1474; amended Pub. L. 101-510, div. A, title VI, Sec. 613(c), 
title XIV, Sec. 1484(d)(1), Nov. 5, 1990, 104 Stat. 1577, 1716; Pub. L. 
102-190, div. A, title VI, Sec. 612(c)(1), Dec. 5, 1991, 105 Stat. 1376; 
Pub. L. 102-484, div. A, title VI, Sec. 612(h), Oct. 23, 1992, 106 Stat. 
2421; Pub. L. 103-160, div. A, title VI, Sec. 611(a), Nov. 30, 1993, 107 
Stat. 1679; Pub. L. 103-337, div. A, title VI, Sec. 612(a), Oct. 5, 
1994, 108 Stat. 2783; Pub. L. 104-106, div. A, title VI, Sec. 612(a), 
title XV, Sec. 1501(c)(23), Feb. 10, 1996, 110 Stat. 359, 499; Pub. L. 
104-201, div. A, title VI, Sec. 612(a), Sept. 23, 1996, 110 Stat. 2543; 
Pub. L. 105-85, div. A, title VI, Sec. 612(a), Nov. 18, 1997, 111 Stat. 
1786; Pub. L. 105-261, div. A, title VI, Sec. 612(a), Oct. 17, 1998, 112 
Stat. 2039; Pub. L. 106-65, div. A, title VI, Sec. 612(a), Oct. 5, 1999, 
113 Stat. 650; Pub. L. 106-398, Sec. 1 [[div. A], title VI, 
Sec. 622(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A-151.)


                               Amendments

    2000--Subsec. (a)(1). Pub. L. 106-398 substituted ``December 31, 
2001'' for ``December 31, 2000''.
    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, Sec. 612(a), substituted ``September 30, 1997'' for 
``September 30, 1996''.
    Subsec. (b)(3). Pub. L. 104-106, Sec. 1501(c)(23), substituted 
``section 12201'' for ``section 591''.
    1994--Subsec. (a)(1). Pub. L. 103-337 substituted ``September 30, 
1996'' for ``September 30, 1995''.
    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--Subsec. (a)(1). Pub. L. 102-190 made amendment identical to 
that made by Pub. L. 101-510, Sec. 613(c)(1). See 1990 Amendment note 
below.
    1990--Subsec. (a)(1). Pub. L. 101-510, Sec. 1484(d)(1)(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. 613(c)(1), substituted ``September 30, 1992,'' 
for ``September 30, 1991,''.
    Subsecs. (a)(2), (b)(1). Pub. L. 101-510, Sec. 613(c)(2), inserted 
``by the Secretary selecting the person'' after ``section 2102 of this 
title''.
    Subsec. (d)(3). Pub. L. 101-510, Sec. 1484(d)(1)(B), substituted 
``November 29, 1989'' for ``the date of the enactment of the National 
Defense Authorization Act for Fiscal Years 1990 and 1991''.


                    Effective Date of 1996 Amendment

    Section 1501(c) of Pub. L. 104-106 provided that the amendment made 
by that section is effective as of Dec. 1, 1994, and as if included as 
an amendment made by the Reserve Officer Personnel Management Act, title 
XVI of Pub. L. 103-337, as originally enacted.


                 Coverage of Period of Lapsed Authority

    Section 611(d) of Pub. L. 103-160 provided that:
    ``(1) In the case of a person described in paragraph (2) who 
executes an agreement described in paragraph (3) during the 90-day 
period beginning on the date of the enactment of this Act [Nov. 30, 
1993], the Secretary concerned may treat the agreement for purposes of 
the accession bonus, monthly stipend, or special pay authorized under 
the agreement as having been executed and accepted on the first date on 
which the person would have qualified for such an agreement had the 
amendments made by this section [amending this section and sections 302d 
and 302e of Title 37, Pay and Allowances of the Uniformed Services] 
taken effect on October 1, 1993.
    ``(2) A person referred to in paragraph (1) is a person described in 
section 2130a(b) of title 10, United States Code, or section 302d(a)(1) 
or 302e(b) of title 37, United States Code, who, during the period 
beginning on October 1, 1993, and ending on the date of the enactment of 
this Act, would have qualified for an agreement described in paragraph 
(3) had the amendments made by this section taken effect on October 1, 
1993.
    ``(3) An agreement referred to in this subsection is an agreement 
with the Secretary concerned that is a condition for the payment of an 
accession bonus and monthly stipend under section 2130a of title 10, 
United States Code, an accession bonus under section 302d of title 37, 
United States Code, or incentive special pay under section 302e of title 
37, United States Code.
    ``(4) For purposes of this subsection, the term `Secretary 
concerned' has the meaning given that term in section 101(5) of title 
37, United States Code.''
    [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 Title 37, Pay and 
Allowances of the Uniformed Services.]


  Accession Bonuses for Candidates Executing Agreements During 90-Day 
                    Period Beginning December 5, 1991

    Section 612(c)(2) of Pub. L. 102-190 provided that:
    ``(A) In the case of a person described in subparagraph (B) who 
executes an agreement under section 2130a of such title [10 U.S.C. 
2130a] during the 90-day period beginning on the date of the enactment 
of this Act [Dec. 5, 1991], the Secretary concerned may treat such 
agreement as having been executed and accepted for purposes of such 
section on the first date on which the person would have qualified for 
such an agreement had the amendment made by paragraph (1) [amending this 
section] taken effect on October 1, 1991.
    ``(B) A person referred to in subparagraph (A) is a person who, 
during the period beginning on October 1, 1991, and ending on the date 
of the enactment of this Act, would have qualified for an agreement 
under such section had the amendment made by paragraph (1) taken effect 
on October 1, 1991.
    ``(C) For purposes of this paragraph, the term `Secretary concerned' 
has the meaning given that term in section 101(8) of such title [10 
U.S.C. 101(8)].''
