§ 303a. Special pay: general provisions

Footnotes

1. 1 See Change of Name note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1980

   Uniformed Services Health Professionals Special Pay Act of 1980

   Pub. L. 96–284 § 5(a) · 94 Stat. 587

   Enacted · 37 U.S.C. § 303a

   Added Pub. L. 96–284, § 5(a), June 28, 1980, 94 Stat. 592

   Source evidence

   Code source credit
   Added Pub. L. 96–284, § 5(a), June 28, 1980, 94 Stat. 592

   Enacted provision · exact public law section
   (a) Chapter 5 of title 37, United States Code, is amended by inserting after section 303 the following new section: “§ 303a. Special pay: health professionals; general provisions “(a) 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, shall prescribe regulations for the administration of sections 302, 302a, 302o, 302c, 303, 311, and 313 37 USC 302–302c, 303, 311, 313. of this title. “(b) Special pay authorized under sections 302, 302a, 302b, 302c, and 303 of this title is in addition to any other pay or allowance to which an officer is entitled. The amount of special pay to which an officer is entitled under any of such sections may not be included in computing the amount of any increase in pay authorized by any other provision of this title or in computing retired pay, severance pay, or readjustment pay. “(c) The Secretary of Defense shall conduct a review every two Review. years of the special pay for health professionals authorized by sections 302, 302a, 302b, 303, and 311 of this title. A report shall be 37 USC 302–302b, 303, 311. Report to Congress. submitted to the Congress not later than September 30, 1982, of the results of the first such review, and a report shall be submitted to the Congress not later than September 30 of each second year thereafter on the results of the review for the preceding two-year period.”.

2. 1980

   Defense Officer Personnel Management Act

   Pub. L. 96–513 § 506(6)(A) · 94 Stat. 2835

   Struck · 37 U.S.C. § 303a(a)

   Pub. L. 96–513, § 506(6)(A), struck out reference to sections 302c and 313 of this title

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 96–513, § 506(6)(A), struck out reference to sections 302c and 313 of this title.

   Enacted provision · exact public law section
   (A) by striking out “302c, 303, 311, and 313” in subsection (a) and inserting in lieu thereof “303, and 311”;

3. 1980

   Defense Officer Personnel Management Act

   Pub. L. 96–513 § 506(6)(B) · 94 Stat. 2835

   Struck and inserted · 37 U.S.C. § 303a(b)

   Pub. L. 96–513, § 506(6)(B), (C), struck out reference to section 302c of this title and inserted reference to separation pay

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 96–513, § 506(6)(B), (C), struck out reference to section 302c of this title and inserted reference to separation pay.

   Enacted provision · exact public law section
   (B) by striking out “302c,” in the first sentence of subsection (b); and

4. 1987

   Pub. L. 100–140 § 2(b)(1) · 101 Stat. 830

   Inserted · 37 U.S.C. § 303a

   Pub. L. 100–140 inserted “302c,” after “302b,” wherever appearing

   Source evidence

   Code amendment note
   Pub. L. 100–140 inserted “302c,” after “302b,” wherever appearing.

   Enacted provision · exact public law section
   (1) Section 303a of title 37, United States Code, is amended by inserting “302c,” after “302b,” each place it appears.

5. 1989

   National Defense Authorization Act for Fiscal Years 1990 and 1991

   Pub. L. 101–189 div. A title VII · 103 Stat. 1352

   Inserted · 37 U.S.C. § 303a

   Pub. L. 101–189 inserted “302d, 302e,” after “302c,” wherever appearing

   Source evidence

   Code amendment note
   Pub. L. 101–189 inserted “302d, 302e,” after “302c,” wherever appearing.

   Enacted provision · exact public law
   TITLE VII— HEALTH CARE PROVISIONS Part A— Health Care Professions Personnel Matters SEC. 701. AUTHORITY TO REPAY LOANS OF CERTAIN HEALTH PROFESSIONALS WHO SERVE IN THE SELECTED RESERVE (a) Expansion of Education Loans That Qualify for Repayment.— Subsection (a) of section 2172 of title 10, United States Code, is amended— (1) by striking out “and” at the end of paragraph (2); (2) by striking out the period at the end of paragraph (3) and inserting in lieu thereof , and”; and (3) by adding at the end the following new paragraph: “(4) a loan made, insured, or guaranteed through a recognized financial or educational institution if that loan was used to finance education regarding a health profession that the Secretary of Defense determines to be critically needed in order to meet identified wartime combat medical skill shortages.”. (b) Extension of Authority.— Subsection (d) of such section is amended by striking out “October 1, 1990” and inserting in lieu thereof “October 1, 1992”. (c) Technical Amendments.— (1) Subsection (a) of such section is amended by striking out “a portion of” in paragraph (1). (2) Subsection (c) of such section is amended by striking out “portion of” in paragraph (2) and inserting in lieu thereof “amount of”. (d) Report on Loan Repayments.— (1) The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report— (A) evaluating the loan repayment program for certain health professionals established under section 2172 of title 10, United States Code (as amended by this section); and (B) containing a legislative proposal to establish a comprehensive and coordinated program in the military departments to repay education loans for health professionals who serve on active duty or in a reserve component. (2) The report required by paragraph (1) shall be submitted not later than January 15, 1990. SEC. 702. REVISION OF MILITARY PHYSICIAN SPECIAL PAY STRUCTURE (a) Variable Special Pay.— Subsection (a)(2) of section 302 of title 37, United States Code, is amended— (1) by striking out “$10,000” in subparagraph (C) and inserting in lieu thereof “$12,000”; (2) by striking out “$9,500” in subparagraph (D) and inserting in lieu thereof “$11,500”; (3) by striking out “$9,000” in subparagraph (E) and inserting in lieu thereof “$11,000”; (4) by striking out “$8,000” in subparagraph (F) and inserting in lieu thereof “$10,000”; (5) by striking out “$7,000” in subparagraph (G) and inserting in lieu thereof “$9,000”; (6) by striking out “$6,000” in subparagraph (H) and inserting in lieu thereof “$8,000”; and (7) by striking out “$5,000” in subparagraph 00 and inserting in lieu thereof “$7,000”. (b) Additional Special Pay.— Subsection (a)(4) of such section is amended— (1) by striking out “(A)”; (2) by striking out “who has less than ten years of creditable service”; (3) by striking out “$9,000” and inserting in lieu thereof “$15,000”; and (4) by striking out subparagraph (B). (c) Board Certification Pay.— Subsection (a)(5) of such section is amended— (1) by striking out “$2,000” in subparagraph (A) and inserting in lieu thereof “$2,500”; (2) by striking out “$2,500” in subparagraph (B) and inserting in lieu thereof “$3,500”; (3) by striking out “$3,000” in subparagraph (C) and inserting in lieu thereof “$4,000”; (4) by striking out “$4,000” in subparagraph (D) and inserting in lieu thereof “$5,000”; and (5) by striking out “$5,000” in subparagraph (E) and inserting in lieu thereof “$6,000”. (d) Incentive Special Pay.— Subsection (b)(1) of such section is amended by striking out “$8,000 for any twelve-month period” and all that follows through the period and inserting in lieu thereof “$16,000 for any twelve-month period beginning in fiscal year 1990, $22,000 for any twelve-month period beginning in fiscal year 1991, $29,000 for any twelve-month period beginning in fiscal year 1992, and $36,000 for any twelve-month period beginning after fiscal year 1992.”. (e) Reserve Medical Officers Special Pay.— Subsection (h) of such section is amended to read as follows: “(h) Reserve Medical Officers Special Pay.— (1) A reserve medical officer described in paragraph (2) is entitled to special pay at the rate of $450 a month for each month of active duty. “(2) A reserve medical officer referred to in paragraph (1) is a reserve officer who— “(A) is an officer of the Medical Corps of the Army or the Navy or an officer of the Air Force designated as a medical officer, and “(B) is on active duty under a call or order to active duty for a period of less than one year.”. (f) Stylistic Amendments.— Such section is further amended— (1) by inserting “Variable, Additional, and Board Certification Special Pay.—” in subsection (a) after “(a)”; (2) by inserting “Incentive Special Pay.—” in subsection (b) after “(b)”; (3) by inserting “Active-Duty Agreement.—” in subsection (c) after “(c)”; (4) by inserting “Regulations.—” in subsection (d) after “(d)”; (5) by inserting “Frequency of Payments.—” in subsection (e) after “(e)”; (6) by inserting “Refund for Period of Unserved Obligated Service.—” in subsection (f) after “(f)”; (7) by inserting “Determination of Creditable Service.—” in subsection (g) after “(g)”; (8) by inserting “Effect of Discharge in Bankruptcy.—” in subsection (i) after “(i)”; and (9) by striking out “of this section” and “of this subsection” each place they appear (other than in subsection (g)). (g) Effective Date.— (1) The amendments made by subsections (a) 37 USC 302 note. and (c) shall take effect on January 1, 1990. (2) The amendments made by subsections (b) and (d) shall apply to an agreement entered into under section 302(c)(1) of title 37, United States Code, on or after the date of the enactment of this Act. (3) The amendment made by subsection (e) shall take effect on January 1, 1990, and shall apply to pay periods beginning on or after such date. SEC. 703. EXTENSION AND EXPANSION OF MEDICAL OFFICER RETENTION BONUS PROGRAM (a) Bonus Authorized.— Subsection (a) of section 612 of the National Defense Authorization Act, Fiscal Year 1989 (102 Stat. 1979; 37 U.S.C. 302 note), is amended by striking out “September 30, 1989” in paragraph (1) and inserting in lieu thereof “September 30, 1990”. (b) Limitation on Amount of Incentive Special Pay.— Subsection (a) of such section is further amended by adding at the end the following new paragraph: “(3) Notwithstanding any other provision of law, the amount of incentive special pay under section 302(b) of title 37, United States Code, paid to a medical officer who executes an agreement under paragraph (1) may not exceed $16,000 during each year covered by the agreement.”. (c) Covered Officers.— Subsection (b) of such section is amended— (1) in paragraph (3), by striking out “; and” and inserting in lieu thereof “or has completed any active-duty service commitment incurred for medical education and training;”; and (2) by striking out paragraph (4) and inserting in lieu thereof the following: (4) has completed initial residency training (or will complete such training before October 1, 1991); and (5) is not pursuing a medical residency or fellowship subsequent to completing initial residency training.”. (d) Report.— (1) Subsection (g) of such section is amended to read as follows: “(g) Report.— (1) Not later than March 1, 1990, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report evaluating— “(A) the effectiveness of the Armed Forces in retaining medical officers by providing a retention bonus under this section to medical officers who make a multi-year active-duty service commitment; and “(B) the effectiveness and practicability of such alternative multi-year options as the Secretary considers appropriate to encourage medical officers to make active-duty service commitments of longer length. (2) The options evaluated by the Secretary under paragraph (1)(B) shall include— “(A) a proposal to increase the payment of additional special pay under subsection (a)(4) of section 302 of title 37, United States Code, by $2,000 for a two-year active-duty service commitment, $4,000 for a three-year active-duty service commitment, and $8,000 for a four-year active-duty service commitment; and “(B) a proposal to increase the amount of incentive special pay provided under subsection (b) of such section to medical officers who make a multi-year active-duty service commitment by a certain percentage based on the length of the active-duty service commitment. “(3) The Secretary shall include for each option evaluated under paragraph (1) an assessment of the cost of such option if implemented and methods to fund such option within the amounts provided for special pay under section 302 of title 37, United States Code.”. (2) Such section is further amended by striking out subsection (i). (e) Transition for Certain Officers Excluded During Fiscal Year 1989.— (1) In the case of an agreement that was executed by a medical officer under section 612 of the National Defense Authorization Act, Fiscal Year 1989 (102 Stat 1979; 37 U.S.C. 302 note), before October 1, 1989, but that was not accepted by the Secretary concerned solely because of the limitation contained in subsection (h) of such section, the Secretary concerned may accept such agreement during the 90-day period beginning on the date of the enactment of this Act notwithstanding such limitation. (2) An agreement accepted under this subsection may be deemed by the Secretary concerned to have been accepted on the date on which the officer executed the agreement during fiscal year 1989. (f) Coverage of Period of Lapsed Authority.— In the case of a medical officer described in paragraph (2) who executes an agreement under section 612 of the National Defense Authorization Act, Fiscal Year 1989 (102 Stat. 1979; 37 U.S.C. 302 note), during the 90-day period beginning on the date of the enactment of this Act, the Secretary concerned may deem such agreement to have been executed and accepted for purposes of such section on the first date on which the officer would have qualified for such agreement had the authority referred to in such paragraph not lapsed. (2) A medical officer referred to in paragraph (1) is an officer who, during the period beginning on October 1, 1989, and ending on the date of the enactment of this Act, would have qualified for an agreement under such section but for the fact that the authority for the payment of bonuses provided by such section had lapsed. (g) Secretary Concerned Defined.— For purposes of subsections 37 USC 302 note. (e) and (0, the term “Secretary concerned” has the meaning given that term by section 101(5) of title 37, United States Code. SEC. 704. SPECIAL PAY FOR PSYCHOLOGISTS (a) Special Pay Authorized.— Section 302c of title 37, United States Code, is amended by adding at the end the following new subsection: “(c) Army, Navy, and Air Force Psychologists.— The Secretary of Defense may provide special pay at the rates specified in subsection (b) to an officer who— “(1) is an officer in the Medical Service Corps of the Army or Navy or a biomedical sciences officer in the Air Force; “(2) is designated as a psychologist; and “(3) has been awarded a diploma as a Diplomata in Psychology by the American Board of Professional Psychology.”. (b) Clerical Amendments.— (1) The section heading of such section is amended by striking out “in the Public Health Service Corps”. (2) The item relating to section 302c in the table of sections at the beginning of chapter 5 of such title is amended by striking out “in the Public Health Service Corps”. (c) Stylistic Amendments.— Such section is further amended— (1) by inserting “Public Health Service Corps.—” in subsection (a) after “(ar; and (2) by inserting “Rate of Special Pay.—” in subsection (b) after “(b)”. (d) Implementation of Amendment.— The Secretary of Defense Reports. 37 USC 302c note. may not implement subsection (c) of section 302c of title 37, United States Code (as added by subsection (a)), unless the Secretary submits to the Committees on Aimed Services of the Senate and House of Representatives a report— (1) justifying the need of the military departments for the authority provided in such subsection; and (2) describing the manner in which that authority will be implemented. SEC. 705. ACCESSION BONUS FOR REGISTERED NURSES (a) Accession Bonus Authorized.— (1) Chapter 5 of title 37, United States Code, is amended by adding after section 302c the following new section: “§ 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 the date of the enactment of the National Defense Authorization Act for Fiscal Years 1990 and 1991 and ending on September 30, 1991, 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 $5,000. “(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 the date of the enactment of the National Defense Authorization Act for Fiscal Years 1990 and 1991.”. (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 302c the following new item: “3024. Special pay: accession bonus for registered nurses.”. (b) Administration and Implementation.— Section 303a of title 37, United States Code, is amended by inserting “302d,” after “302c,” each place it appears. (c) Report on Implementation.— Not later than March 1, 1990, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report describing the manner in which the authority provided in section 302d of title 37, United States Code (as added by subsection (a)), is implemented. SEC. 706. INCENTIVE PAY FOR NURSE ANESTHETISTS (a) Authorization for Incentive Pay.— (1) Chapter 5 of title 37, United States Code, is amended by inserting after section 302d (as added by section 705) the following new section: “§ 302e. Special pay: nurse anesthetists “(a) Special Pay Authorized.— (1) An officer described in subsection (b) who, during the period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Years 1990 and 1991 and ending on September 30, 1991, 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 $6,000 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.— An officer referred to in subsection (a) is an officer of a uniformed service who— “(1) 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; “(2) is a qualified certified registered nurse anesthetist; and “(3) is on active duty under a call or order to active duty for a period of not less than one year. “(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) of this section 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 the date of the enactment of the National Defense Authorization Act for Fiscal Years 1990 and 1991.”. (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 302d (as added by section 705) the following new item: “302e. Special pay: nurse anesthetists.”. (b) Administration and Implementation.— Section 303a of title 37, United States Code (as amended by section 705(b)), is further amended by inserting “302e,” after “302d,” each place it appears. (c) Report on Military Use of Certified Registered Nurse Anesthetists.— (1) The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the use of certified registered nurse anesthetists by the military departments. The report shall include— (A) a description of restrictions imposed by the military departments on the use of such nurses; (B) a comparison of such restrictions with restrictions imposed by other entities on the use of such nurses; (C) a description of the number of persons who annually receive training by the military departments to be certified registered nurse anesthetists; and (D) the desirability and cost of expanding the capability of the military departments to provide such training. (2) The report required by paragraph (1) shall be submitted not later than March 1, 1990. SEC. 707. NURSE OFFICER CANDIDATE ACCESSION BONUS (a) Bonus Authorized.— Chapter 105 of title 10, United States Code, is amended by adding at the end the following new subchapter: “SUBCHAPTER III— NURSE OFFICER CANDIDATE ACCESSION PROGRAM “Sec. “2130a. Financial assistance: nurse officer candidates. “§ 2130a. Financial assistance: nurse officer candidates “(a) Bonus Authorized.— (1) A person described in subsection (b) who, during the period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Years 1990 and 1991 and ending on September 30, 1991, 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. 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; “(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 591 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 the date of the enactment of the National Defense Authorization Act for Fiscal Years 1990 and 1991.”. “(e) Regulations.— The Secretaries concerned shall prescribe regulations to carry out this section.”. (b) Clerical Amendment.— The table of subchapters at the beginning of chapter 105 of such title is amended by adding at the end the following new item: “III. Nurse Officer Candidate Accession Program SEC. 708. PROGRAM TO INCREASE USE OF CERTAIN NURSES BY THE MILITARY DEPARTMENTS (a) Program Required.— (1) Not later than September 30, 1991, the Secretary of each military department shall implement a program to appoint persons who have an associate degree or diploma in nursing (but have not received a baccalaureate degree in nursing) as officers and to assign such officers to duty as nurses. (2) An officer appointed pursuant to the program required by subsection (a) shall be appointed in a warrant officer grade or in a commissioned grade not higher than 0–3. Such officer may not be promoted above the grade of 0–3 unless the officer receives a baccalaureate degree in nursing. (b) Report on Implementation.— Not later than April 1, 1990, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the actions taken by the Secretaries of the military departments to implement the program required by this section. SEC. 709. AUTHORITY TO DEFER MANDATORY RETIREMENT FOR AGE OF REGULAR OFFICERS IN A HEALTH-RELATED PROFESSION Section 1251(c)(2) of title 10, United States Code, is amended— (1) by striking out “A deferment” and inserting in lieu therof “(A) Except as provided in subparagraph (B), a deferment”; (2) by striking out “67 years of age” and inserting in lieu thereof “68 years of age”; and (3) by adding at the end the following new subparagraph: “(B) The Secretary concerned may extend a deferment under this subsection beyond the day referred to in subparagraph (A) if the Secretary determines that extension of the deferment is necessary for the needs of the military department concerned. Such an extension shall be made on a case-by-case basis and shall be for such period as the Secretary considers appropriate.”. SEC. 710. RETENTION IN ACTIVE SERVICE OF RESERVE OFFICERS IN A HEALTH-RELATED PROFESSION (a) Army.— (1) Subsection (c) of section 3855 of title 10, United States Code, is amended— (A) by striking out “An officer” and inserting in lieu thereof “(1) Except as provided in paragraph (2), an officer”; (B) by striking out “67 years of age” and inserting in lieu thereof “68 years of age”; and (C) by adding at the end the following new paragraph: “(2) The Secretary of the Army may retain an officer (other than an officer in the Chaplains) in an active status under this section after the date on which the officer becomes 68 years of age if the Secretary determines that continued retention is necessary for the needs of the Army.”. (2) Such section is further amended by adding at the end the following new subsection: “(d) Subsection (a)(1) of section 324 of title 32 shall not apply to an officer during any period in which the officer is retained in an active status under this section.”. (b) Navy.— Subsection (c) of section 6392 of such title is amended— (1) by striking out “An officer” and inserting in lieu thereof “(1) Except as provided in paragraph (2), an officer”; (2) by striking out “67 years of age” and inserting in lieu thereof “68 years of age”; and (3) by adding at the end the following new paragraph: “(2) The Secretary of the Navy may retain an officer (other than an officer in the Chaplain Corps) in an active status under this section after the date on which the officer becomes 68 years of age if the Secretary determines that continued retention is necessary for the needs of the Navy.”. (c) Air Force.— (1) Subsection (c) of section 8855 of such title is amended— (A) by striking out “An officer” and inserting in lieu thereof “(1) Except as provided in paragraph (2), an officer”; (B) by striking out “67 years of age” and inserting in lieu thereof “68 years of age”; and (C) by adding at the end the following new paragraph: “(2) The Secretary of the Air Force may retain an officer (other than an officer who is designated as a chaplain) in an active status under this section after the date on which the officer becomes 68 years of age if the Secretary determines that continued retention is necessary for the needs of the Air Force.”. (2) Such section is further amended by adding at the end the following new subsection: “(d) Subsection (a)(1) of section 324 of title 32 shall not apply to an officer during any period in which the officer is retained in an active status under this section.”. SEC. 711. RETENTION OF CERTAIN RESERVE PSYCHOLOGISTS IN ACTIVE STATUS (a) Army.— Section 3855(a) of title 10, United States Code, is amended by striking out “the podiatry specialty in the Medical Allied Sciences Section of the Medical Service Corps, the Optometry Section of the Medical Service Corps,” and inserting in lieu thereof the following “the Medical Service Corps (if the officer has been designated as an allied health officer or biomedical sciences officer in that Corps),”. (b) Navy.— Section 6392(a) of such title is amended by inserting “allied health officer,” before “or biomedical sciences officer”. SEC. 712. REALLOCATION OF NAVAL RESERVE REAR ADMIRAL POSITIONS AUTHORIZED FOR HEALTH PROFESSIONS Effective on October 1, 1990, section 5457(a) of title 10, United Effective date. States Code, is amended— (1) by striking out “Medical Corps—7” and inserting in lieu thereof “Medical Corps—5”; and (2) by inserting after and below paragraph (7) the following: “(8) Nurse Corps—1. “(9) Medical Service Corps—1.”. Part B— Health Care Management SEC. 721. PROHIBITION ON CHARGES FOR OUTPATIENT MEDICAL AND DENTAL CARE During fiscal years 1990 and 1991, the Secretary of Defense may not impose a charge for the receipt of outpatient medical or dental care at a military medical treatment facility. SEC. 722. SHARING OF HEALTH-CARE RESOURCES WITH THE DEPARTMENT OF VETERANS AFFAIRS (a) In General.— Chapter 55 of title 10, United States Code, is amended by adding at the end the following new section: “§ 4104. Sharing of health-care resources with the Department of Veterans Affairs “(a) Sharing of Health-Care Resources.— Health-care resources of the Department of Defense may be shared with health-care resources of the Department of Veterans Affairs in accordance with section 5011 of title 38 or under section 1535 of title 31. “(b) Reimbursement From CHAMPUS Funds.— Pursuant to an agreement entered into under section 5011 of title 38 or section 1535 of title 31, the Secretary of a military department may reimburse the Secretary of Veterans Affairs from funds available for that military department for the payment of medical care provided under section 1079 or 1086 of this title. “(c) Charges.— The Secretary of Defense may prescribe by regulation a premium, deductible, copayment, or other charge for health care provided to covered beneficiaries under this chapter pursuant to an agreement entered into by the Secretary of a military department under section 5011 of title 38 or section 1535 of title 31. “(d) Provision of Services During War or National Emergency.— Members of the armed forces on active duty during and immediately following a period of war, or during and immediately following a national emergency involving the use of the armed forces in armed conflict, may be provided health-care services by the Department of Veterans Affairs in accordance with section 5011A of title 38.”. (b) Clerical Amendment.— The table of sections at the beginning of such chapter is amended by adding at the end the following new item: “1104. Sharing of healthcare resources with the Department of Veterans Affairs.”. SEC. 723. PROHIBITION ON REDUCING END STRENGTH LEVELS FOR MEDICAL PERSONNEL AS A RESULT OF BASE CLOSURES AND REALIGNMENTS (a) Prohibition.— The end strength levels for medical personnel for each component of the Armed Forces, and the number of civilian personnel of the Department of Defense assigned to military medical facilities, may not be reduced as a result of the closure or realignment of a military installation under section 2687 of title 10, United States Code, or title II of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100–526; 10 U.S.C. 2687 note). (b) Medical Personnel Defined.— For purposes of subsection (a), the term “medical personnel” has the meaning given that term in subparagraph (D) of section 115(b)(1) of title 10, United States Code. SEC. 724. REVISED DEADLINE FOR THE USE OF DIAGNOSIS-RELATED GROUPS FOR OUTPATIENT TREATMENT The regulations required by section 1101(a) of title 10, United States Code, to establish the use of diagnosis-related groups as the primary criteria for the allocation of resources to health care facilities of the uniformed services shall be prescribed to take effect not later than October 1, 1991, in the case of outpatient treatments. SEC. 725. ARMED FORCES HEALTH PROFESSIONS SCHOLARSHIP PRO-GRAM (a) Specialized Training Defined.— Section 2120 of title 10, United States Code, is amended by adding at the end the following new paragraph: “(4) The term ‘specialized training’ means advanced training in a health professions specialty received in an accredited program that is beyond the basic education required for appointment as a commissioned officer with a designation as a health professional.”. (b) Expansion of Program.— Section 2121 of such title is amended— (1) in subsection (a), by striking out “health professions scholarship program” and inserting in lieu thereof “health professions scholarship and financial assistance program”; (2) in subsection (b), by inserting “and specialized training” after “study”; and (3) in subsection (c)— (A) by striking out “of the program” in the second sentence and inserting in lieu thereof “pursuing a course of study”; and (B) by inserting after the second sentence the following new sentence: “Members pursuing specialized training shall serve on active duty in a pay grade commensurate with their educational level, as determined by appointment under sections 3353, 5600, or 8353 of this title, with full pay and allowances of that grade for a period of 14 days during each year of participation in the program.”. (c) Eligibility.— Paragraph (1) of section 2122(a) of such title is amended by striking out “in a course of study” and all that follows through the semicolon and inserting in lieu thereof “in a course of study or selected to receive specialized training;”. (d) Financial Assistance.— (1) Section 2127 of such title is amended by adding at the end the following new subsection: “(e) A person participating as a member of the program in specialized Grants. training shall be paid an annual grant of $15,000 in addition to the stipend under section 2121(d) of this title. The amount of the grant shall be increased annually by the Secretary of Defense, effective July 1 of each year, in the same manner as provided for stipends.”. (2) The heading of such section is amended to read as follows: “§ 2127. Scholarships and financial assistance: payments”. (3) The item relating to such section in the table of sections at the beginning of subchapter I of chapter 105 of such title is amended to read as follows: “2127. Scholarships and financial assistance: payments.”. (e) Report on Implementation.— Not later than March 1, 1990, 10 USC 2127 note. the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report describing the manner in which the new authority provided by this section is implemented. (f) Report on Success of Financial Assistance Program.— (1) The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report— (A) evaluating the success of the financial assistance program established by this section; and (B) describing the number of participants in the program receiving specialized training payments under subsection (e) of section 2127 of title 10, United States Code (as added by subsection (d)) and the projected number of officers to be gained, by specialty, as a result of the program for each military department. (2) The report required by paragraph (1) shall be submitted not later than March 1, 1991. (g) Delay in Targeting Scholarships for Critically Needed Wartime Skills.— Paragraph (2) of section 2124 of such title is amended by inserting “after September 30, 1991,” after “(2)”. (h) Clerical Amendments.— (1) Section 2120 of title 10, United States Code, is amended by striking out “the Armed Forces Health Professions Scholarship program” each place it appears and inserting in lieu thereof “the Armed Forces Health Professions Scholarship and Financial Assistance program”. (2) The subchapter heading of subchapter I of chapter 105 of such title is amended to read as follows: “SUBCHAPTER I— HEALTH PROFESSIONS SCHOLARSHIP AND FINANCIAL ASSISTANCE PROGRAM FOR ACTIVE SERVICE”. (3) The item relating to such subchapter in the table of subchapters at the beginning of such chapter is amended to read as follows: “I. Health Professions Scholarship and Financial Assistance Program for Active Service SEC. 726. UNIFORMED SERVICES UNIVERSITY OF THE HEALTH SCIENCES AND HENRY M. JACKSON FOUNDATION FOR THE ADVANCEMENT OF MILITARY MEDICINE (a) Increased Number of Exemptions From Dual-Pay Provision.— Subsection (f)(2) of section 2113 of title 10, United States Code, is amended by striking out “two exemptions” in the last sentence and inserting in lieu thereof “five exemptions”. (b) Grant Authority.— (1) Subsection (j)(1)(A) of such section is amended— (A) by inserting “, accept grants from, and make grants to” after “contracts with”; and (B) by striking out “or with” and inserting in lieu thereof “or”. (2) Subsection (g)(1) of section 178 of such title is amended by inserting “, accept grants from, and make grants to” after “contracts with”. SEC. 727. RETENTION OF FUNDS COLLECTED FROM THIRD-PARTY PAYERS OF INPATIENT CARE FURNISHED AT FACILITIES OF THE UNIFORMED SERVICES (a) Retention Authorized.— Section 1095 of title 10, United States Code, is amended— (1) by redesignating subsection (g) as subsection (h); and (2) by inserting after subsection (f) the following new subsection (g): “(g) Amounts collected under this section from a third-party payer for the costs of inpatient hospital care provided at a facility of the uniformed services shall be credited to the appropriation supporting the maintenance and operation of the facility.”. (b) Effective Date.— The amendment made by this section shall take effect on October 1, 1989, and shall apply to amounts collected under section 1095 of title 10, United States Code, on or after that date. SEC. 728. REALLOCATION OF CERTAIN CIVILIAN PERSONNEL POSITIONS TO MEDICAL SUPPORT (a) Reallocation of Positions Required.— In implementing the report of the Deputy Inspector General of the Department of Defense entitled “Review of Unified and Specified Command Head-quarters” (completed in February 1988), the Secretary of the Army and the Secretary of the Navy shall reallocate to medical support positions the 939 civilian positions selected for elimination. (b) Report on Reallocation.— (1) The Secretary of the Army and the Secretary of the Navy shall jointly submit to the Committees on Armed Services of the Senate and House of Representatives a report describing, as of the date such report is submitted— (A) the medical support positions created pursuant to subsection (a); (B) the location of such positions; and (C) the duties of the civilian personnel in such positions. (2) The report required by paragraph (1) shall be submitted not later than March 1, 1990. SEC. 729. CODIFICATION OF APPROPRIATION PROVISJON RELATING TO CHAMPUS Subsection (c) of section 1074 of title 10, United States Code, is amended by adding at the end the following new sentence: “If a private facility or health care provider providing care under this subsection is a health care provider under the Civilian Health and Medical Program of the Uniformed Services, the Secretary of Defense, after consultation with the other administering Secretaries, may by regulation require the private facility or health care provider to provide such care in accordance with the same payment rules (subject to any modifications considered appropriate by the Secretary) as apply under that program.”. SEC. 730. LIMITATION ON CHAMPUS PAYMENTS TO NONINSTITUTIONAL HEALTH-CARE PROVIDERS (a) Change in Limitation.— Subsection (h) of section 1079 of title 10, United States Code, is amended by striking out “90th percentile” both places it appears and inserting in lieu thereof “80th percentile”. (b) Applicability.— The amendment made by subsection (a) shall 10 USC 1079 note. apply to services provided on or after October 1, 1989. SEC. 731. CLARIFICATION AND CORRECTION OF PROVISIONS RELATING TO HEALTH BENEFITS FOR CERTAIN FORMER SPOUSES (a) Eligibility of Certain Former Spouses.— Section 1072(2) of title 10, United States Code, is amended— (1) by striking out “and” at the end of clause (F); (2) by striking out the period at the end of clause (G) and inserting in lieu thereof “; and”; and (3) by adding at the end the following new clause: “(H) a person who would qualify as a dependent under clause (G) but for the fact that the date of the final decree of divorce, dissolution, or annulment of the person is on or after April 1, 1985, except that the term does not include the person after the end of the one-year period beginning on the date of that final decree.”. (b) Availability of Conversion Health Policies and Extension of Eligibility for Medical and Dental Care.— (1) Chapter 55 of such title is amended by inserting after section 1086 the following new section: “§ 1086a. Certain former spouses: extension of period of eligibility for health benefits “(a) Availability of Conversion Health Policies.— The Secretary of Defense shall inform each person who has been a dependent for a period of one year or more under section 1072(2)(H) of this title of the availability of a conversion health policy for purchase by the person. “(b) Effect of Purchase.— (1) Subject to paragraph (2), if a person who is a dependent for a one-year period under section 1072(2)(H) of this title purchases a conversion health policy within that period (or within a reasonable time after that period as prescribed by the Secretary of Defense), the person shall continue to be eligible for medical and dental care in the manner described in section 1076 of this title and health benefits under section 1086 of this title until the end of the one-year period beginning on the later of— “(A) the date the person is no longer a dependent under section 1072(2)(H) of this title; and “(B) the date of the purchase of the policy. “(2) The extended period of eligibility provided under paragraph (1) shall apply only with regard to a condition of the person that— “(A) exists on the date on which coverage under the conversion health policy begins; and “(B) for which care is not provided under the policy solely on the grounds that the condition is a preexisting condition. “(c) Conversion Health Policy Defined.— In this section, the term ‘conversion health policy’ means a health insurance policy with a private insurer, developed through negotiations between the Secretary of Defense and the private insurer, that is available for purchase by or for the use of a person who is a dependent for a one-year period under section 1072(2)(H) of this title.”, (b) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1086 the following new item: “1086a. Certain former spouses: extension of period of eligibility for health benefits.”. (c) Conforming Amendments.— (1) Subsection (f) of section 1076 of such title is repealed. (2) Paragraph (3) of section 1086(c) of such title is amended to read as follows: “(3) A dependent covered by clause (F), (G), or (H) of section 1072(2) of this title who is not eligible under paragraph (1).”. (d) Effective Date; Application of Amendments.— (1) The amendments made by this section apply to a person referred to in section 1072(2)(H) of title 10, United States Code (as added by subsection (a)), whose decree of divorce, dissolution, or annulment becomes final on or after the date of the enactment of this Act. (2) The amendments made by this section shall also apply to a person referred to in such section whose decree of divorce, dissolution, or annulment became final during the period beginning on September 29, 1988, and ending on the day before the date of the enactment of this Act, as if the amendments had become effective on September 29, 1988. (e) Transition.— (1) In the case of a person who qualified as a 10 USC 1072 note. dependent under section 645(c) of the Department of Defense Authorization Act, 1985 (Public Law 98–525; 98 Stat. 2549), on September 28, 1988, the Secretary of Defense shall make a conversion health policy available for purchase by the person during the remaining period the person is considered to be a dependent under that section (or within a reasonable time after that period as prescribed by the Secretary of Defense). (2) Purchase of a conversion health policy under paragraph (1) by a person shall entitle the person to health care for preexisting conditions in the same manner and to the same extent as provided by section 1086a(b) of title 10, United States Code (as added by subsection (b)), until the end of the one-year period beginning on the later of— (A) the date the person is no longer qualified as a dependent under section 645(c) of the Department of Defense Authorization Act, 1985; and (B) the date of the purchase of the policy. (3) For purposes of this subsection, the term “conversion health policy” has the meaning given that term in section 1086a(c) of title 10, United States Code (as added by subsection (b)).

6. 1990

   National Defense Authorization Act for Fiscal Year 1991

   Pub. L. 101–510 div. A title VI § 611(d) · 104 Stat. 1485

   1. Inserted · 37 U.S.C. § 303a(a)

      Pub. L. 101–510, §§ 611(d), 1484(c)(1), inserted “301d,” after “sections”

   2. Substituted · 37 U.S.C. § 303a(a)

      Pub. L. 101–510, §§ 611(d), 1484(c)(1), substituted “and 303” for “303, and 311”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 101–510, §§ 611(d), 1484(c)(1), inserted “301d,” after “sections” and substituted “and 303” for “303, and 311”.

   Enacted provision · exact public law section
   (d) Conforming Amendment.— Section 303a of title 37, United States Code, is amended by inserting “301d,” after “sections” each place it appears.

7. 1990

   National Defense Authorization Act for Fiscal Year 1991

   Pub. L. 101–510 § 611(d) · 104 Stat. 1485

   Inserted · 37 U.S.C. § 303a(b)

   Pub. L. 101–510, § 611(d), inserted “301d,” after “sections” wherever appearing

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 101–510, § 611(d), inserted “301d,” after “sections” wherever appearing.

   Enacted provision · exact public law section
   (d) Conforming Amendment.— Section 303a of title 37, United States Code, is amended by inserting “301d,” after “sections” each place it appears.

8. 1990

   National Defense Authorization Act for Fiscal Year 1991

   Pub. L. 101–510 div. A title VI § 611(d) · 104 Stat. 1485

   1. Inserted · 37 U.S.C. § 303a(c)

      Pub. L. 101–510, §§ 611(d), 1322(c)(2), 1484(c)(1), inserted “301d,” after “sections”

   2. Substituted · 37 U.S.C. § 303a(c)

      Pub. L. 101–510, §§ 611(d), 1322(c)(2), 1484(c)(1), substituted “and 303” for “303, and 311”

   3. Struck · 37 U.S.C. § 303a(c)

      Pub. L. 101–510, §§ 611(d), 1322(c)(2), 1484(c)(1), struck out at end “A report shall be submitted to the Congress not later than September 30, 1982, of the results of the first such review, and a report shall be submitted to the Congress not later than September 30 of each second year thereafter on the results of the review for the preceding two-year period.”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 101–510, §§ 611(d), 1322(c)(2), 1484(c)(1), inserted “301d,” after “sections”, substituted “and 303” for “303, and 311”, and struck out at end “A report shall be submitted to the Congress not later than September 30, 1982, of the results of the first such review, and a report shall be submitted to the Congress not later than September 30 of each second year thereafter on the results of the review for the preceding two-year period.”

   Enacted provision · exact public law section
   (d) Conforming Amendment.— Section 303a of title 37, United States Code, is amended by inserting “301d,” after “sections” each place it appears.

9. 1992

   Wagner-O’Day Act

   Pub. L. 102–484 div. A title X § 1054(a)(3) · 106 Stat. 2315

   Struck · 37 U.S.C. § 303a(b)

   Pub. L. 102–484 struck out “301d,” after “such sections”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 102–484 struck out “301d,” after “such sections”.

   Enacted provision · exact public law section
   (3) Section 303a(b) is amended by striking out “301d,” after “such sections”.

10. 1996

    National Defense Authorization Act for Fiscal Year 1996

    Pub. L. 104–106 div. A title VI § 614(b) · 110 Stat. 186

    Substituted · 37 U.S.C. § 303a

    Pub. L. 104–106 substituted “302 through 302g,” for “302, 302a, 302b, 302c, 302d, 302e,” wherever appearing

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 104–106 substituted “302 through 302g,” for “302, 302a, 302b, 302c, 302d, 302e,” wherever appearing.

    Enacted provision · exact public law section
    (b) Conforming Amendment.— Section 303a of title 37, United States Code, is amended by striking out “302, 302a, 302b, 302c, 302d, 302e,” each place it appears and inserting in lieu thereof “302 through 302g,”.

11. 1996

    National Defense Authorization Act for Fiscal Year 1997

    Pub. L. 104–201 div. A title VI § 615(c)(3) · 110 Stat. 2422

    Substituted · 37 U.S.C. § 303a

    Pub. L. 104–201 substituted “302h” for “302g” wherever appearing

    Source evidence

    Code amendment note
    Pub. L. 104–201 substituted “302h” for “302g” wherever appearing.

    Enacted provision · exact public law section
    (3) Section 303a of title 37, United States Code, is amended by striking out “302g” each place it appears and inserting in lieu thereof “302h”.

12. 2000

    Pub. L. 106–398 § 1(dA) · 114 Stat. 1654

    Substituted · 37 U.S.C. § 303a

    Pub. L. 106–398, § 1 [[div. A], title VI, § 628(b)], substituted “302j” for “302h” wherever appearing

    Source evidence

    Code amendment note
    Pub. L. 106–398, § 1 [[div. A], title VI, § 628(b)], substituted “302j” for “302h” wherever appearing.

    Enacted provision · exact public law section
    SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.

13. 2000

    Pub. L. 106–398 § 1(dA) · 114 Stat. 1654

    1. Added · 37 U.S.C. § 303a(b)(d)

       Pub. L. 106–398, § 1 [[div. A], title VI, § 634(a)], added subsec. (b)

    2. Redesignated · 37 U.S.C. § 303a(b)(d)

       Pub. L. 106–398, § 1 [[div. A], title VI, § 634(a)], redesignated former subsecs. (b) and (c) as (c) and (d), respectively

    Source evidence

    Code amendment note
    Subsecs. (b) to (d). Pub. L. 106–398, § 1 [[div. A], title VI, § 634(a)], added subsec. (b) and redesignated former subsecs. (b) and (c) as (c) and (d), respectively.

    Enacted provision · exact public law section
    SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.

14. 2006

    National Defense Authorization Act for Fiscal Year 2006

    Pub. L. 109–163 § 687(e)(1) · 119 Stat. 3136

    Substituted · 37 U.S.C. § 303a

    Pub. L. 109–163, § 687(e)(1), substituted “Special pay: general provisions” for “Special pay: health professionals; general provisions” in section catchline

    Source evidence

    Code amendment note
    Pub. L. 109–163, § 687(e)(1), substituted “Special pay: general provisions” for “Special pay: health professionals; general provisions” in section catchline.

    Enacted provision · exact public law section
    (1) Section heading.— The heading of section 303a of title 37, United States Code, is amended to read as follows: “§ 303a. Special pay: general provisions” .

15. 2006

    National Defense Authorization Act for Fiscal Year 2006

    Pub. L. 109–163 § 687(a)(1) · 119 Stat. 3136

    Added · 37 U.S.C. § 303a(e)

    Pub. L. 109–163, § 687(a)(1), added subsec. (e)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 109–163, § 687(a)(1), added subsec. (e).

    Enacted provision · exact public law section
    (1) Uniform repayment provision.— Section 303a of title 37, United States Code, is amended by adding at the end the following new subsection: “(e) Repayment of Unearned Portion of Bonuses and Other Benefits When Conditions of Payment not Met.— (1) A member of the uniformed services who receives a bonus or similar benefit and whose receipt of the bonus or similar benefit is subject to the condition that the member continue to satisfy certain eligibility requirements shall repay to the United States an amount equal to the unearned portion of the bonus or similar benefit if the member fails to satisfy the requirements, except in certain circumstances authorized by the Secretary concerned. “(2) The Secretary concerned may establish, by regulations, procedures for determining the amount of the repayment required under this subsection and the circumstances under which an exception to the required repayment may be granted. The Secretary concerned may specify in the regulations the conditions under which an installment payment of a bonus or similar benefit to be paid to a member of the uniformed services will not be made if the member no longer satisfies the eligibility requirements for the bonus or similar benefit. Regulations. For the military departments, this subsection shall be administered under regulations prescribed by the Secretary of Defense. “(3) An obligation to repay the United States under this subsection is, for all purposes, a debt owed the United States. A discharge in bankruptcy under title 11 does not discharge a person from such debt if the discharge order is entered less than five years after— “(A) the date of the termination of the agreement or contract on which the debt is based; or “(B) in the absence of such an agreement or contract, the date of the termination of the service on which the debt is based. “(4) In this subsection: “(A) The term ‘bonus or similar benefit’ means a bonus, incentive pay, special pay, or similar payment, or an educational benefit or stipend, paid to a member of the uniformed services under a provision of law that refers to the repayment requirements of this subsection. “(B) The term ‘service’, as used in paragraph (3)(B), refers to an obligation willingly undertaken by a member of the uniformed services, in exchange for a bonus or similar benefit offered by the Secretary of Defense or the Secretary concerned— “(i) to remain on active duty or in an active status in a reserve component; “(ii) to perform duty in a specified skill, with or without a specified qualification or credential; “(iii) to perform duty at a specified location; or “(iv) to perform duty for a specified period of time.” .

16. 2008

    Hubbard Act

    Pub. L. 110–317 § 2(a)(1) · 122 Stat. 3526

    Substituted · 37 U.S.C. § 303a(e)(1)

    Pub. L. 110–317, § 2(a)(1), substituted “(A) Except as provided in paragraph (2), a member” for “A member”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 110–317, § 2(a)(1), substituted “(A) Except as provided in paragraph (2), a member” for “A member”.

    Enacted provision · exact public law section
    (1) in paragraph (1), by striking “A member” and inserting “(A) Except as provided in paragraph (2), a member”;

    Effective date note
    Amendment by Pub. L. 110–317 applicable with respect to any sole survivorship discharge granted after Sept. 11, 2001, see section 10 of Pub. L. 110–317, set out as a note under section 2108 of Title 5, Government Organization and Employees.

17. 2008

    Hubbard Act

    Pub. L. 110–317 § 2(a)(2) · 122 Stat. 3526

    Redesignated · 37 U.S.C. § 303a(e)(1)(B)

    Pub. L. 110–317, § 2(a)(2), redesignated par. (2) as subpar. (B) of par. (1) relating to the Secretary establishing procedures for determining the amount of the repayment required under subsec. (e)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 110–317, § 2(a)(2), redesignated par. (2) as subpar. (B) of par. (1) relating to the Secretary establishing procedures for determining the amount of the repayment required under subsec. (e).

    Enacted provision · exact public law section
    (2) by redesignating paragraph (2) as subparagraph (B) of paragraph (1); and

    Effective date note
    Amendment by Pub. L. 110–317 applicable with respect to any sole survivorship discharge granted after Sept. 11, 2001, see section 10 of Pub. L. 110–317, set out as a note under section 2108 of Title 5, Government Organization and Employees.

18. 2008

    Hubbard Act

    Pub. L. 110–317 § 2(a)(3) · 122 Stat. 3526

    Redesignated · 37 U.S.C. § 303a(e)(2)

    Pub. L. 110–317, § 2(a)(3), added par. (2). Former par. (2) redesignated as subpar. (B) of par. (1) relating to the Secretary establishing procedures for determining the amount of the repayment required under subsec. (e)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 110–317, § 2(a)(3), added par. (2). Former par. (2) redesignated as subpar. (B) of par. (1) relating to the Secretary establishing procedures for determining the amount of the repayment required under subsec. (e).

    Enacted provision · exact public law section
    (3) by inserting after paragraph (1), as so amended, the following new paragraph (2): “(2) (A) If a member of the uniformed services receives a sole survivorship discharge, the Secretary concerned— “(i) shall not require repayment by the member of the unearned portion of any bonus, incentive pay, or similar benefit previously paid to the member; and “(ii) may grant an exception to the requirement to terminate the payment of any unpaid amounts of a bonus, incentive pay, or similar benefit if the Secretary concerned determines that termination of the payment of the unpaid amounts would be contrary to a personnel policy or management objective, would be against equity and good conscience, or would be contrary to the best interests of the United States. “(B) In this paragraph, the term ‘sole survivorship discharge’ means the separation of a member from the Armed Forces, at the request of the member, pursuant to the Department of Defense policy permitting the early separation of a member who is the only surviving child in a family in which— “(i) the father or mother or one or more siblings— “(I) served in the Armed Forces; and “(II) was killed, died as a result of wounds, accident, or disease, is in a captured or missing in action status, or is permanently 100 percent disabled or hospitalized on a continuing basis (and is not employed gainfully because of the disability or hospitalization); and “(ii) the death, status, or disability did not result from the intentional misconduct or willful neglect of the parent or sibling and was not incurred during a period of unauthorized absence.” .

    Effective date note
    Amendment by Pub. L. 110–317 applicable with respect to any sole survivorship discharge granted after Sept. 11, 2001, see section 10 of Pub. L. 110–317, set out as a note under section 2108 of Title 5, Government Organization and Employees.

19. 2008

    Duncan Hunter National Defense Authorization Act for Fiscal Year 2009

    Pub. L. 110–417 § 651(a)(1) · 122 Stat. 4356

    Inserted · 37 U.S.C. § 303a(e)

    Pub. L. 110–417, § 651(a)(1), inserted “; Termination of Entitlement to Unpaid Amounts” after “Met” in heading

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 110–417, § 651(a)(1), inserted “; Termination of Entitlement to Unpaid Amounts” after “Met” in heading.

    Enacted provision · exact public law section
    (1) in the subsection heading, by inserting “; Termination of Entitlement to Unpaid Amounts” after “Met”;

20. 2008

    Duncan Hunter National Defense Authorization Act for Fiscal Year 2009

    Pub. L. 110–417 § 651(a)(2)(A) · 122 Stat. 4356

    Substituted · 37 U.S.C. § 303a(e)(1)

    Pub. L. 110–417, § 651(a)(2)(A), which directed substitution of “(A) Except as provided in paragraph (2), a member” for “A member”, could not be executed because of prior amendment by 110–317. See below

    Source evidence

    Code amendment note
    Subsec. (e)(1). Pub. L. 110–417, § 651(a)(2)(A), which directed substitution of “(A) Except as provided in paragraph (2), a member” for “A member”, could not be executed because of prior amendment by 110–317. See below.

    Enacted provision · exact public law section
    (A) by striking “A member” and inserting “(A) Except as provided in paragraph (2), a member”; and

21. 2008

    Duncan Hunter National Defense Authorization Act for Fiscal Year 2009

    Pub. L. 110–417 § 651(a)(2)(B) · 122 Stat. 4356

    Substituted · 37 U.S.C. § 303a(e)(1)(A)

    Pub. L. 110–417, § 651(a)(2)(B), substituted “the eligibility requirements and may not receive any unpaid amounts of the bonus or similar benefit after the member fails to satisfy the requirements, unless the Secretary concerned determines that the imposition of the repayment requirement and termination of the payment of unpaid amounts of the bonus or similar benefit with regard to the member would be contrary to a personnel policy or management objective, would be against equity and good conscience, or would be contrary to the best interests of the United States” for “the requirements, except in certain circumstances authorized by the Secretary concerned”

    Source evidence

    Code amendment note
    Subsec. (e)(1)(A). Pub. L. 110–417, § 651(a)(2)(B), substituted “the eligibility requirements and may not receive any unpaid amounts of the bonus or similar benefit after the member fails to satisfy the requirements, unless the Secretary concerned determines that the imposition of the repayment requirement and termination of the payment of unpaid amounts of the bonus or similar benefit with regard to the member would be contrary to a personnel policy or management objective, would be against equity and good conscience, or would be contrary to the best interests of the United States” for “the requirements, except in certain circumstances authorized by the Secretary concerned”.

    Enacted provision · exact public law section
    (B) by striking “the requirements, except in certain circumstances authorized by the Secretary concerned.” and inserting “the eligibility requirements and may not receive any unpaid amounts of the bonus or similar benefit after the member fails to satisfy the requirements, unless the Secretary concerned determines that the imposition of the repayment requirement and termination of the payment of unpaid amounts of the bonus or similar benefit with regard to the member would be contrary to a personnel policy or management objective, would be against equity and good conscience, or would be contrary to the best interests of the United States.”; and

22. 2008

    Duncan Hunter National Defense Authorization Act for Fiscal Year 2009

    Pub. L. 110–417 § 651(a)(3) · 122 Stat. 4356

    Redesignated · 37 U.S.C. § 303a(e)(1)(B)

    Pub. L. 110–417, § 651(a)(3), redesignated par. (2) as subpar. (B) of par. (1) relating to sole survivorship discharge

    Source evidence

    Code amendment note
    Subsec. (e)(1)(B). Pub. L. 110–417, § 651(a)(3), redesignated par. (2) as subpar. (B) of par. (1) relating to sole survivorship discharge.

    Enacted provision · exact public law section
    (3) by redesignating paragraph (2) as subparagraph (B) of paragraph (1).

23. 2008

    Duncan Hunter National Defense Authorization Act for Fiscal Year 2009

    Pub. L. 110–417 § 651(b) · 122 Stat. 4356

    Redesignated · 37 U.S.C. § 303a(e)(2)

    Pub. L. 110–417, § 651(b), added par. (2). Former par. (2) redesignated subpar. (B) of par. (1) relating to sole survivorship discharge

    Source evidence

    Code amendment note
    Subsec. (e)(2). Pub. L. 110–417, § 651(b), added par. (2). Former par. (2) redesignated subpar. (B) of par. (1) relating to sole survivorship discharge.

    Enacted provision · exact public law section
    (b) Mandatory Payment of Unpaid Amounts Under Certain Circumstances; No Repayment of Unearned Amounts.— Section 303a(e) of title 37, United States Code, is amended by inserting after paragraph (1), as amended by subsection (a), the following new paragraph (2): “(2) (A) If a member of the uniformed services dies or is retired or separated with a combat-related disability, the Secretary concerned— “(i) shall not require repayment by the member or the member’s estate of the unearned portion of any bonus or similar benefit previously paid to the member; and “(ii) shall require the payment to the member or the member’s estate of the remainder of any bonus or similar benefit that was not yet paid to the member, but to which the member was entitled immediately before the death, retirement, or separation of the member, and would be paid if not for the death, retirement, or separation of the member. “(B) Subparagraph (A) does not apply if the death or disability of the member is the result the member’s misconduct. “(C) The amount to be paid under subparagraph (A)(ii) shall be equal to the full amount specified by the agreement or contract applicable to the bonus or similar benefit as if the member continued to be entitled to the bonus or similar benefit following the death, retirement, or separation. “(D) Deadline. Amounts to be paid to a member or the member’s estate under subparagraph (A)(ii) shall be paid in a lump sum not later than 90 days after the date of the death, retirement, or separation of the member, whichever applies. “(E) In this paragraph, the term ‘combat-related disability’ has the meaning given that term in section 1413a(e) of title 10.” .

24. 2009

    National Defense Authorization Act for Fiscal Year 2010

    Pub. L. 111–84 § 617(a)(1) · 123 Stat. 2190

    Substituted · 37 U.S.C. § 303a(e)(1)(A)

    Pub. L. 111–84, § 617(a)(1), substituted “paragraphs (2) and (3)” for “paragraph (2)”

    Source evidence

    Code amendment note
    Subsec. (e)(1)(A). Pub. L. 111–84, § 617(a)(1), substituted “paragraphs (2) and (3)” for “paragraph (2)”.

    Enacted provision · exact public law section
    (1) in paragraph (1)(A), by striking “paragraph (2)” and inserting “paragraphs (2) and (3)”;

25. 2009

    National Defense Authorization Act for Fiscal Year 2010

    Pub. L. 111–84 § 617(a)(5) · 123 Stat. 2190

    Redesignated · 37 U.S.C. § 303a(e)(1)(B); 37 U.S.C. § 303a(e)(1)(2)

    Pub. L. 111–84, § 617(a)(5), redesignated subpar. (B), relating to sole survivorship discharge, as par. (2). Former par. (2) redesignated (3)

    Source evidence

    Code amendment note
    Subsec. (e)(1)(B), (2). Pub. L. 111–84, § 617(a)(5), redesignated subpar. (B), relating to sole survivorship discharge, as par. (2). Former par. (2) redesignated (3).

    Enacted provision · exact public law section
    (5) by redesignating the second subparagraph (B) of paragraph (1), originally added as paragraph (2) by section 2(a)(3) of the Hubbard Act (Public Law 110–317; 122 Stat. 3526) and erroneously designated as subparagraph (B) by section 651(a)(3) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4495), as paragraph (2).

26. 2009

    National Defense Authorization Act for Fiscal Year 2010

    Pub. L. 111–84 § 617(a)(2) · 123 Stat. 2190

    1. Redesignated · 37 U.S.C. § 303a(e)(3)(5)

       Pub. L. 111–84, § 617(a)(2)–(4), redesignated pars. (2) to (4) as (3) to (5), respectively, and, in par. (5)(B)

    2. Substituted · 37 U.S.C. § 303a(e)(3)(5)

       Pub. L. 111–84, § 617(a)(2)–(4), substituted “paragraph (4)(B)” for “paragraph (3)(B)” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (e)(3) to (5). Pub. L. 111–84, § 617(a)(2)–(4), redesignated pars. (2) to (4) as (3) to (5), respectively, and, in par. (5)(B), substituted “paragraph (4)(B)” for “paragraph (3)(B)” in introductory provisions.

    Enacted provision · exact public law section
    (2) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively;

27. 2011

    Ike Skelton National Defense Authorization Act for Fiscal Year 2011

    Pub. L. 111–383 div. A title X § 1075(c)(1) · 124 Stat. 4137

    Inserted · 37 U.S.C. § 303a(e)(3)(B)

    Pub. L. 111–383 inserted “of” after “result”

    Source evidence

    Code amendment note
    Subsec. (e)(3)(B). Pub. L. 111–383 inserted “of” after “result”.

    Enacted provision · exact public law section
    (1) Section 303a(e)(3)(B) is amended by inserting “of” after “result”.

31 of 32 references resolved to an enrolled provision · 1 partial