
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-398 Section 1[622(c)]]
[Document affected by Public Law 106-398 Section 1[626(b)(1)]]
[Document affected by Public Law 107-107 Section 612(c)]
[Document affected by Public Law 106-398 Section 1[626(b)(2)]]
[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, 2000, 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 $15,000 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 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.)


                               Amendments

    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''.


                 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)

    Section 614(c) of Pub. L. 101-510 provided that: ``The Secretary of 
Defense may not implement subsection (b)(2) of section 302e of title 37, 
United States Code (as added by subsection (a)), unless the Secretary 
submits to the Committees on Armed Services of the Senate and House of 
Representatives a report--
        ``(1) justifying the need of the departments for the authority 
    provided in such subsection; and
        ``(2) describing the manner in which that authority will be 
    implemented.''

                  Section Referred to in Other Sections

    This section is referred to in sections 302f, 303a of this title.
