37 U.S.C. § 302e | Special pay: nurse anesthetists

(a)

Special Pay Authorized .—

(1)

November 29, 1989December 31, 2018 An officer described in subsection (b)(1) who, during the period beginning on , and ending on , 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 .—

section 303a(e) of this titleUnder 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. If such entitlement is terminated, the officer concerned shall be subject to the repayment provisions of .

(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 .—

section 303a(e) of this titleAn officer who does not complete the period of active duty specified in the agreement entered into under subsection (a) shall be subject to the repayment provisions of .

Editorial Notes

Amendments

Pub. L. 115–91December 31, 2018December 31, 20172017—Subsec. (a)(1). substituted “” for “”.

Pub. L. 114–328December 31, 2017December 31, 20162016—Subsec. (a)(1). substituted “” for “”.

Pub. L. 114–92December 31, 2016December 31, 20152015—Subsec. (a)(1). substituted “” for “”.

Pub. L. 113–291December 31, 2015December 31, 20142014—Subsec. (a)(1). substituted “” for “”.

Pub. L. 113–66December 31, 2014December 31, 20132013—Subsec. (a)(1). substituted “” for “”.

Pub. L. 112–239December 31, 2013December 31, 2012 substituted “” for “”.

Pub. L. 112–81December 31, 2012December 31, 20112011—Subsec. (a)(1). substituted “” for “”.

Pub. L. 111–383December 31, 2011December 31, 2010 substituted “” for “”.

Pub. L. 111–84December 31, 2010December 31, 20092009—Subsec. (a)(1). substituted “” for “”.

Pub. L. 110–417December 31, 2009December 31, 20082008—Subsec. (a)(1). substituted “” for “”.

Pub. L. 110–181December 31, 2008December 31, 2007 substituted “” for “”.

Pub. L. 109–364December 31, 2007December 31, 20062006—Subsec. (a)(1). substituted “” for “”.

Pub. L. 109–163, § 622(d)December 31, 2006December 31, 2005, substituted “” for “”.

Pub. L. 109–163, § 687(b)(8)(A)section 303a(e) of this titleSubsec. (c). , substituted “If such entitlement is terminated, the officer concerned shall be subject to the repayment provisions of .” for “The officer may be required to refund that part of the special pay corresponding to the unserved period of active duty.”

Pub. L. 109–163, § 687(b)(8)(B)Subsec. (e). , amended heading and text of subsec. (e) generally, substituting provisions referring to repayment provisions of section 303a(e) for specific provisions relating to refunds required when officer fails to complete total period of active duty.

Pub. L. 108–375December 31, 2005December 31, 20042004—Subsec. (a)(1). substituted “” for “”.

Pub. L. 108–136December 31, 2004December 31, 20032003—Subsec. (a)(1). substituted “” for “”.

Pub. L. 107–314, § 615(f)2002—Subsec. (a)(1). , substituted “$50,000” for “$15,000”.

Pub. L. 107–314, § 612(d)December 31, 2003December 31, 2002, substituted “” for “”.

Pub. L. 107–107December 31, 2002December 31, 20012001—Subsec. (a)(1). substituted “” for “”.

Pub. L. 106–398, § 1 [[div. A]December 31, 2001December 31, 20002000—Subsec. (a)(1). , title VI, § 622(c)], substituted “” for “”.

Pub. L. 106–398, § 1 [[div. A]Subsec. (b)(2)(A). , title VI, § 626(b)(1)], substituted “the Secretary of the military department concerned” for “the Secretary”.

Pub. L. 106–65December 31, 2000December 31, 19991999—Subsec. (a)(1). substituted “” for “”.

Pub. L. 105–261December 31, 1999September 30, 19991998—Subsec. (a)(1). substituted “” for “”.

Pub. L. 105–85September 30, 1999September 30, 19981997—Subsec. (a)(1). substituted “” for “”.

Pub. L. 104–201September 30, 1998September 30, 19971996—Subsec. (a)(1). substituted “” for “”.

Pub. L. 104–106September 30, 1997September 30, 1996 substituted “” for “”.

Pub. L. 103–337September 30, 1996September 30, 19951994—Subsec. (a)(1). substituted “” for “” and “$15,000” for “$6,000”.

Pub. L. 103–160September 30, 1995September 30, 19931993—Subsec. (a)(1). substituted “” for “”.

Pub. L. 102–484September 30, 1993September 30, 19921992—Subsec. (a)(1). substituted “” for “”.

Pub. L. 102–25, § 702(a)(2)(B)1991—, amended section catchline generally.

Pub. L. 102–25, § 702(b)(1)Subsec. (d). , (c), struck out “of this section” after “subsection (a)”.

Pub. L. 101–510, § 618(c)(1)1990—, directed that section catchline be amended to read “§ 302c. Special pay: psychologists and nonphysician health care providers”.

Pub. L. 101–510, § 1484(d)(3)(A)November 29, 1989Subsec. (a)(1). , substituted “,” for “the date of the enactment of the National Defense Authorization Act for Fiscal Years 1990 and 1991”.

Pub. L. 101–510, § 614(b), substituted “subsection (b)(1)” for “subsection (b)”.

Pub. L. 101–510, § 613(b)September 30, 1992September 30, 1991, substituted “,” for “,”.

Pub. L. 101–510, § 614(a)Subsec. (b). , designated existing provisions as par. (1), redesignated former pars. (1) to (3) as subpars. (A) to (C), respectively, and added par. (2).

Pub. L. 101–510, § 1484(d)(3)(B)November 29, 1989Subsec. (e)(3). , substituted “” for “the date of the enactment of the National Defense Authorization Act for Fiscal Years 1990 and 1991”.

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Pub. L. 110–181Dec. 31, 2007section 610 of Pub. L. 110–181 section 2130a of Title 10Amendment by effective as of , and subject to various special provisions, see , set out as a Correction of Lapsed Authorities for Payment of Bonuses, Special Pays, and Similar Benefits for Members of the Uniformed Services note under , Armed Forces.

Savings Provision

Apr. 1, 2006section 687(b) of Pub. L. 109–163 section 687(f) of Pub. L. 109–163 section 510 of Title 10For savings provision relating to payment or repayment of any bonus, incentive pay, special pay, or similar pay obligated to be paid before , under a provision of this section amended by , see , set out as a note under , Armed Forces.

Application of Increase

section 615 of Pub. L. 107–314Sept. 30, 2002section 615(i) of Pub. L. 107–314 section 301d of this titleIn case of amendment by 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 , see , set out as a note under .

Coverage of Period of Lapsed Authority

Oct. 1, 1993Nov. 30, 1993section 611(d) of Pub. L. 103–160 section 2130a of Title 10For provisions relating to coverage of period of lapsed authority from , to , for payment of special pay authorized under this section, see , set out as a note under , Armed Forces.

Oct. 1, 1992Oct. 23, 1992section 612(j)(2) of Pub. L. 102–484 section 301b of this titleFor provisions relating to coverage of period of lapsed authority from , to , for payment of bonuses or other special pay under this section, see , set out as a note under .

Implementation of Subsection (b)(2)

Pub. L. 101–510, div. A, title VI, § 614(c)Nov. 5, 1990104 Stat. 1578 Pub. L. 106–398, § 1 [[div. A]Oct. 30, 2000114 Stat. 1654, , , 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 , title VI, § 626(b)(2)], , , 1654A–153.