§ 302d. — Special pay: accession bonus for registered nurses.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 37USC302d]
TITLE 37--PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
CHAPTER 5--SPECIAL AND INCENTIVE PAYS
Sec. 302d. Special pay: accession bonus for registered nurses
(a) Accession Bonus Authorized.--(1) A person who is a registered
nurse and who, during the period beginning on November 29, 1989, and
ending on December 31, 2003, executes a written agreement described in
subsection (c) to accept a commission as an officer and remain on active
duty for a period of not less than four years may, upon the acceptance
of the agreement by the Secretary concerned, be paid an accession bonus
in an amount determined by the Secretary concerned.
(2) The amount of an accession bonus under paragraph (1) may not
exceed $30,000.
(b) Limitation on Eligibility for Bonus.--A person may not be paid a
bonus under subsection (a) if--
(1) the person, in exchange for an agreement to accept an
appointment as an officer, received financial assistance from the
Department of Defense to pursue a baccalaureate degree; or
(2) the Secretary concerned determines that the person is not
qualified to become and remain licensed as a registered nurse.
(c) Agreement.--The agreement referred to in subsection (a) shall
provide that, consistent with the needs of the uniformed service
concerned, the person executing the agreement will be assigned to duty,
for the period of obligated service covered by the agreement, as 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.
(d) Repayment.--(1) An officer who receives a payment under
subsection (a) and who fails to become and remain licensed as a
registered nurse during the period for which the payment is made shall
refund to the United States an amount equal to the full amount of such
payment.
(2) 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.
(3) An obligation to reimburse the United States imposed under
paragraph (1) or (2) is for all purposes a debt owed to the United
States.
(4) 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. 705(a)(1), Nov. 29,
1989, 103 Stat. 1471; amended Pub. L. 101-510, div. A, title VI,
Sec. 613(a), title XIV, Sec. 1484(d)(2), Nov. 5, 1990, 104 Stat. 1577,
1716; Pub. L. 102-484, div. A, title VI, Sec. 612(g), Oct. 23, 1992, 106
Stat. 2421; Pub. L. 103-160, div. A, title VI, Sec. 611(b), Nov. 30,
1993, 107 Stat. 1679; Pub. L. 103-337, div. A, title VI, Sec. 612(b),
Oct. 5, 1994, 108 Stat. 2783; Pub. L. 104-106, div. A, title VI,
Sec. 612(b), Feb. 10, 1996, 110 Stat. 359; Pub. L. 104-201, div. A,
title VI, Sec. 612(b), Sept. 23, 1996, 110 Stat. 2543; Pub. L. 105-85,
div. A, title VI, Sec. 612(b), Nov. 18, 1997, 111 Stat. 1786; Pub. L.
105-261, div. A, title VI, Sec. 612(b), Oct. 17, 1998, 112 Stat. 2039;
Pub. L. 106-65, div. A, title VI, Sec. 612(b), Oct. 5, 1999, 113 Stat.
650; Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec. 622(b)], Oct. 30,
2000, 114 Stat. 1654, 1654A-151; Pub. L. 107-107, div. A, title VI,
Sec. 612(b), Dec. 28, 2001, 115 Stat. 1135; Pub. L. 107-314, div. A,
title VI, Secs. 612(c), 615(e), Dec. 2, 2002, 116 Stat. 2567, 2568.)
Amendments
2002--Subsec. (a)(1). Pub. L. 107-314, Sec. 612(c), substituted
``December 31, 2003'' for ``December 31, 2002''.
Subsec. (a)(2). Pub. L. 107-314, Sec. 615(e), substituted
``$30,000'' for ``$5,000''.
2001--Subsec. (a)(1). Pub. L. 107-107 substituted ``December 31,
2002'' for ``December 31, 2001''.
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 substituted ``September 30, 1997'' for ``September
30, 1996''.
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). Pub. L. 102-484 substituted ``September 30,
1993'' for ``September 30, 1992''.
1990--Subsec. (a)(1). Pub. L. 101-510, Secs. 613(a), 1484(d)(2)(A),
substituted ``November 29, 1989,'' for ``the date of the enactment of
the National Defense Authorization Act for Fiscal Years 1990 and 1991''
and ``September 30, 1992'' for ``September 30, 1991''.
Subsec. (d)(4). Pub. L. 101-510, Sec. 1484(d)(2)(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 accession bonus
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.
Section Referred to in Other Sections
This section is referred to in sections 303a, 324 of this title.
