Page:United States Statutes at Large Volume 103 Part 2.djvu/463

 PUBLIC LAW 101-189—NOV. 29, 1989 103 STAT. 1473 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 con- ^ cemed, 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. "Qa) 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 r 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 serv- ice 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 beuikruptcy 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 para- graph 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 MILFTARY USE OF (IIERTIFIED REGISTERED NURSE ANESTHETISTS.— (1) The Secretary of Defense shall submit to the

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