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10 U.S.C. § 2130a — Financial assistance: nurse officer can-

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10 U.S.C. § 2130a — Financial assistance: nurse officer can-

Page 1693 TITLE 10—ARMED FORCES § 2130a Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2006 AMENDMENT Amendment by Pub. L. 109–364 effective Oct. 1, 2006, except that adjustments required by the second sen- tence of subsec. (e) of this section to be made in 2007 shall not be made, see section 538(d) of Pub. L. 109–364, set out as a note under section 2121 of this title. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title. REPORTS ON IMPLEMENTATION AND ON SUCCESS OF FINANCIAL ASSISTANCE PROGRAM Pub. L. 101–189, div. A, title VII, § 725(e), Nov. 29, 1989, 103 Stat. 1479, directed Secretary of Defense, not later than Mar. 1, 1990, to submit to Congress a report de- scribing the manner in which the new authority pro- vided by such section 725 (amending 10 U.S.C. 2120 to 2122, 2124, and 2127) was implemented. Pub. L. 101–189, div. A, title VII, § 725(f), Nov. 29, 1989, 103 Stat. 1479, directed Secretary of Defense, not later than Mar. 1, 1991, to submit to Congress a report evalu- ating the success of the financial assistance program established by such section 725 and describing the num- ber of participants in the program receiving specialized training payments under 10 U.S.C. 2127(e) and the pro- jected number of officers to be gained, by specialty, as a result of the program for each military department. § 2128. Accession bonus for members of the pro- gram (a) AVAILABILITY OF BONUS.—The Secretary of Defense may offer a person who enters into an agreement under section 2122(a)(2) of this title an accession bonus of not more than $100,000 as part of the agreement. (b) RELATION TO OTHER PAYMENTS.—An acces- sion

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Page 1693 TITLE 10—ARMED FORCES § 2130a Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2006 AMENDMENT Amendment by Pub. L. 109–364 effective Oct. 1, 2006, except that adjustments required by the second sen- tence of subsec. (e) of this section to be made in 2007 shall not be made, see section 538(d) of Pub. L. 109–364, set out as a note under section 2121 of this title. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title. REPORTS ON IMPLEMENTATION AND ON SUCCESS OF FINANCIAL ASSISTANCE PROGRAM Pub. L. 101–189, div. A, title VII, § 725(e), Nov. 29, 1989, 103 Stat. 1479, directed Secretary of Defense, not later than Mar. 1, 1990, to submit to Congress a report de- scribing the manner in which the new authority pro- vided by such section 725 (amending 10 U.S.C. 2120 to 2122, 2124, and 2127) was implemented. Pub. L. 101–189, div. A, title VII, § 725(f), Nov. 29, 1989, 103 Stat. 1479, directed Secretary of Defense, not later than Mar. 1, 1991, to submit to Congress a report evalu- ating the success of the financial assistance program established by such section 725 and describing the num- ber of participants in the program receiving specialized training payments under 10 U.S.C. 2127(e) and the pro- jected number of officers to be gained, by specialty, as a result of the program for each military department. § 2128. Accession bonus for members of the pro- gram (a) AVAILABILITY OF BONUS.—The Secretary of Defense may offer a person who enters into an agreement under section 2122(a)(2) of this title an accession bonus of not more than $100,000 as part of the agreement. (b) RELATION TO OTHER PAYMENTS.—An acces- sion bonus paid a person under this section is in addition to any other amounts payable to the person under this subchapter. (c) REPAYMENT.—A person who receives an ac- cession bonus under this section, but fails to comply with the agreement under section 2122(a)(2) of this title or to commence or com- plete the active duty obligation imposed by sec- tion 2123 of this title, shall be subject to the re- payment provisions of section 303a(e) or 373 of title 37. (Added Pub. L. 110–181, div. A, title VI, § 623(a), Jan. 28, 2008, 122 Stat. 152; amended Pub. L. 115–91, div. A, title VI, § 618(a)(1)(F), Dec. 12, 2017, 131 Stat. 1426; Pub. L. 118–159, div. A, title VI, § 612, Dec. 23, 2024, 138 Stat. 1933.) Editorial Notes PRIOR PROVISIONS Prior sections 2128 to 2130 were renumbered sections 16201 to 16203 of this title, respectively. AMENDMENTS 2024—Subsec. (a). Pub. L. 118–159 substituted ‘‘$100,000’’ for ‘‘$20,000’’. 2017—Subsec. (c). Pub. L. 115–91 inserted ‘‘or 373’’ be- fore ‘‘of title 37’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 110–181, div. A, title VI, § 623(c), Jan. 28, 2008, 122 Stat. 152, provided that: ‘‘The amendment made by subsection (a) [enacting this section] shall apply with respect to agreements entered into under section 2122(a)(2) of title 10, United States Code, on or after the date of the enactment of this Act [Jan. 28, 2008].’’ SUBCHAPTER II—NURSE OFFICER CANDIDATE ACCESSION PROGRAM Sec. 2130a. Financial assistance: nurse officer can- didates. Editorial Notes PRIOR PROVISIONS A prior subchapter II heading and analysis consisting of items 2128 to 2130 was repealed and sections 2128 to 2130 of this title were renumbered sections 16201 to 16203 of this title, respectively, by Pub. L. 103–337, div. A, title XVI, § 1663(c)(2)–(4)(A), (7)(B), Oct. 5, 1994, 108 Stat. 3007, 3008. AMENDMENTS 1994—Pub. L. 103–337, div. A, title XVI, § 1663(c)(7)(C), Oct. 5, 1994, 108 Stat. 3008, redesignated subchapter III of this chapter as this subchapter. 1991—Pub. L. 101–189, div. A, title VII, § 707(a), Nov. 29, 1989, 103 Stat. 1474, added subchapter heading and item 2130a. § 2130a. Financial assistance: nurse officer can- didates (a) BONUS AUTHORIZED.—(1) A person described in subsection (b) who, during the period begin- ning on November 29, 1989, and ending on Decem- ber 31, 2025, executes a written agreement in ac- cordance with subsection (c) to accept an ap- pointment as a nurse officer may, upon the ac- ceptance of the agreement by the Secretary con- cerned, be paid an accession bonus of not more than $40,000. The bonus shall be paid in periodic installments, as determined by the Secretary concerned at the time the agreement is accept- ed, except that the first installment may not ex- ceed $20,000. (2) In addition to the accession bonus payable under paragraph (1), a person selected under such paragraph shall be entitled to a monthly stipend in an amount not to exceed the stipend rate in effect under section 2121(d) of this title for each month the individual is enrolled as a full-time student in an accredited baccalaureate degree program in nursing at a civilian edu- cational institution by the Secretary selecting the person. 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 ac- credited baccalaureate degree program in nursing at a civilian educational institution that does not have a Senior Reserve Officers’ Training Corps program established under sec- tion 2102 of this title by the Secretary select- ing the person or that has a Senior Reserve Of- ficers’ Training Corps program for which the student is ineligible; (2) has completed the second year of an ac- credited baccalaureate degree program in nursing and has more than 6 months of aca- demic work remaining before graduation; and (3) meets the qualifications for appointment as an officer of a reserve component of the Page 1694 TITLE 10—ARMED FORCES § 2130a Army, Navy, or Air Force as set forth in sec- tion 12201 of this title or, in the case of the Public Health Service, section 207 of the Pub- lic Health Service Act (42 U.S.C. 209) and the regulations of the Secretary concerned. (c) REQUIRED AGREEMENT.—The agreement re- ferred to in subsection (a) shall provide that the person executing the agreement agrees to the following: (1) That the person will complete the nurs- ing 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 appoint- ment 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 commis- sioned 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) REPAYMENT.—A person who does not com- plete a nursing degree program in which the per- son is enrolled in accordance with the agree- ment entered into under subsection (a), or hav- ing completed the nursing degree program, does not become an officer in the Nurse Corps of the Army or the Navy or an officer designated as a nurse officer of the Air Force or commissioned corps of the Public Health Service or does not complete the period of obligated active service required under the agreement, shall be subject to the repayment provisions of section 303a(e) or 373 of title 37. (e) REGULATIONS.—The Secretaries concerned shall prescribe regulations to carry out this sec- tion. (Added Pub. L. 101–189, div. A, title VII, § 707(a), Nov. 29, 1989, 103 Stat. 1474; amended Pub. L. 101–510, div. A, title VI, § 613(c), title XIV, § 1484(d)(1), Nov. 5, 1990, 104 Stat. 1577, 1716; Pub. L. 102–190, div. A, title VI, § 612(c)(1), Dec. 5, 1991, 105 Stat. 1376; Pub. L. 102–484, div. A, title VI, § 612(h), Oct. 23, 1992, 106 Stat. 2421; Pub. L. 103–160, div. A, title VI, § 611(a), Nov. 30, 1993, 107 Stat. 1679; Pub. L. 103–337, div. A, title VI, § 612(a), Oct. 5, 1994, 108 Stat. 2783; Pub. L. 104–106, div. A, title VI, § 612(a), title XV, § 1501(c)(23), Feb. 10, 1996, 110 Stat. 359, 499; Pub. L. 104–201, div. A, title VI, § 612(a), Sept. 23, 1996, 110 Stat. 2543; Pub. L. 105–85, div. A, title VI, § 612(a), Nov. 18, 1997, 111 Stat. 1786; Pub. L. 105–261, div. A, title VI, § 612(a), Oct. 17, 1998, 112 Stat. 2039; Pub. L. 106–65, div. A, title VI, § 612(a), Oct. 5, 1999, 113 Stat. 650; Pub. L. 106–398, § 1 [[div. A], title VI, § 622(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–151; Pub. L. 107–107, div. A, title V, § 538, title VI, § 612(a), Dec. 28, 2001, 115 Stat. 1107, 1135; Pub. L. 107–314, div. A, title VI, §§ 612(a), 615(h), Dec. 2, 2002, 116 Stat. 2567, 2569; Pub. L. 108–136, div. A, title VI, § 612(a), Nov. 24, 2003, 117 Stat. 1501; Pub. L. 108–375, div. A, title VI, § 612(a), Oct. 28, 2004, 118 Stat. 1947; Pub. L. 109–163, div. A, title VI, §§ 622(a), 687(c)(6), Jan. 6, 2006, 119 Stat. 3294, 3334; Pub. L. 109–364, div. A, title VI, § 612(a), Oct. 17, 2006, 120 Stat. 2248; Pub. L. 110–181, div. A, title VI, § 612(a), Jan. 28, 2008, 122 Stat. 148; Pub. L. 110–417, [div. A], title VI, §§ 612(a), 616(a), (b), Oct. 14, 2008, 122 Stat. 4484, 4486; Pub. L. 111–84, div. A, title VI, § 612(a)(1), title X, § 1073(c)(3), Oct. 28, 2009, 123 Stat. 2353, 2474; Pub. L. 111–383, div. A, title VI, § 612(a)(1), title X, § 1075(b)(28), Jan. 7, 2011, 124 Stat. 4236, 4370; Pub. L. 112–81, div. A, title VI, § 612(a)(1), Dec. 31, 2011, 125 Stat. 1449; Pub. L. 112–239, div. A, title VI, § 612(a)(1), Jan. 2, 2013, 126 Stat. 1776; Pub. L. 113–66, div. A, title VI, § 612(a)(1), Dec. 26, 2013, 127 Stat. 780; Pub. L. 113–291, div. A, title VI, § 612(a)(1), Dec. 19, 2014, 128 Stat. 3400; Pub. L. 114–92, div. A, title VI, § 612(a)(1), Nov. 25, 2015, 129 Stat. 838; Pub. L. 114–328, div. A, title VI, § 612(a)(1), Dec. 23, 2016, 130 Stat. 2157; Pub. L. 115–91, div. A, title VI, §§ 612(a)(1), 618(a)(1)(G), Dec. 12, 2017, 131 Stat. 1421, 1426; Pub. L. 115–232, div. A, title VI, § 611(b)(1), Aug. 13, 2018, 132 Stat. 1797; Pub. L. 116–92, div. A, title VI, § 611(b)(1), Dec. 20, 2019, 133 Stat. 1426; Pub. L. 116–283, div. A, title VI, § 611(b)(1), Jan. 1, 2021, 134 Stat. 3673; Pub. L. 117–81, div. A, title VI, § 611(b)(1), Dec. 27, 2021, 135 Stat. 1769; Pub. L. 117–263, div. A, title VI, § 601(b)(1), Dec. 23, 2022, 136 Stat. 2619; Pub. L. 118–31, div. A, title V, § 544, title VI, § 613(b)(1), Dec. 22, 2023, 137 Stat. 265, 291; Pub. L. 118–159, div. A, title VI, § 611(b)(1), Dec. 23, 2024, 138 Stat. 1932.) Editorial Notes AMENDMENTS 2024—Subsec. (a)(1). Pub. L. 118–159 substituted ‘‘De- cember 31, 2025’’ for ‘‘December 31, 2024’’. 2023—Subsec. (a)(1). Pub. L. 118–31, § 613(b)(1), sub- stituted ‘‘December 31, 2024’’ for ‘‘December 31, 2023’’. Pub. L. 118–31, § 544, substituted ‘‘$40,000’’ for ‘‘$20,000’’ and ‘‘$20,000’’ for ‘‘$10,000’’. 2022—Subsec. (a)(1). Pub. L. 117–263 substituted ‘‘De- cember 31, 2023’’ for ‘‘December 31, 2022’’. 2021—Subsec. (a)(1). Pub. L. 117–81 substituted ‘‘De- cember 31, 2022’’ for ‘‘December 31, 2021’’. Pub. L. 116–283 substituted ‘‘December 31, 2021’’ for ‘‘December 31, 2020’’. 2019—Subsec. (a)(1). Pub. L. 116–92 substituted ‘‘De- cember 31, 2020’’ for ‘‘December 31, 2019’’. 2018—Subsec. (a)(1). Pub. L. 115–232 substituted ‘‘De- cember 31, 2019’’ for ‘‘December 31, 2018’’. 2017—Subsec. (a)(1). Pub. L. 115–91, § 612(a)(1), sub- stituted ‘‘December 31, 2018’’ for ‘‘December 31, 2017’’. Subsec. (d). Pub. L. 115–91, § 618(a)(1)(G), inserted ‘‘or 373’’ before ‘‘of title 37’’. 2016—Subsec. (a)(1). Pub. L. 114–328 substituted ‘‘De- cember 31, 2017’’ for ‘‘December 31, 2016’’. 2015—Subsec. (a)(1). Pub. L. 114–92 substituted ‘‘De- cember 31, 2016’’ for ‘‘December 31, 2015’’. 2014—Subsec. (a)(1). Pub. L. 113–291 substituted ‘‘De- cember 31, 2015’’ for ‘‘December 31, 2014’’. 2013—Subsec. (a)(1). Pub. L. 113–66 substituted ‘‘De- cember 31, 2014’’ for ‘‘December 31, 2013’’. Pub. L. 112–239 substituted ‘‘December 31, 2013’’ for ‘‘December 31, 2012’’. 2011—Subsec. (a)(1). Pub. L. 112–81 substituted ‘‘De- cember 31, 2012’’ for ‘‘December 31, 2011’’. Pub. L. 111–383, § 612(a)(1), substituted ‘‘December 31, 2011’’ for ‘‘December 31, 2010’’. Page 1695 TITLE 10—ARMED FORCES § 2130a Subsec. (b)(1). Pub. L. 111–383, § 1075(b)(28), substituted ‘‘Training Corps program’’ for ‘‘Training Program’’ in two places. 2009—Subsec. (a)(1). Pub. L. 111–84, § 612(a)(1), sub- stituted ‘‘December 31, 2010’’ for ‘‘December 31, 2009’’. Subsec. (a)(2). Pub. L. 111–84, § 1073(c)(3), made tech- nical amendment to directory language of Pub. L. 110–417, § 616(b). See 2008 Amendment note below. 2008—Subsec. (a)(1). Pub. L. 110–417, § 616(a), sub- stituted ‘‘$20,000’’ for ‘‘$10,000’’ and ‘‘$10,000’’ for ‘‘$5,000’’. Pub. L. 110–417, § 612(a), substituted ‘‘December 31, 2009’’ for ‘‘December 31, 2008’’. Pub. L. 110–181 substituted ‘‘December 31, 2008’’ for ‘‘December 31, 2007’’. Subsec. (a)(2). Pub. L. 110–417, § 616(b), as amended by Pub. L. 111–84, § 1073(c)(3), substituted ‘‘in an amount not to exceed the stipend rate in effect under section 2121(d) of this title’’ for ‘‘of not more than $1,000’’. 2006—Subsec. (a)(1). Pub. L. 109–364 substituted ‘‘De- cember 31, 2007’’ for ‘‘December 31, 2006’’. Pub. L. 109–163, § 622(a), substituted ‘‘December 31, 2006’’ for ‘‘December 31, 2005’’. Subsec. (d). Pub. L. 109–163, § 687(c)(6), amended head- ing and text of subsec. (d) generally. Prior to amend- ment, text related to persons required to refund acces- sion bonuses or stipends in par. (1), treatment of a re- imbursement obligation as a debt owed to the United States in par. (2), and the effect of a discharge in bank- ruptcy in par. (3). 2004—Subsec. (a)(1). Pub. L. 108–375 substituted ‘‘De- cember 31, 2005’’ for ‘‘December 31, 2004’’. 2003—Subsec. (a)(1). Pub. L. 108–136 substituted ‘‘De- cember 31, 2004’’ for ‘‘December 31, 2003’’. 2002—Subsec. (a)(1). Pub. L. 107–314 substituted ‘‘De- cember 31, 2003’’ for ‘‘December 31, 2002’’ and ‘‘$10,000’’ for ‘‘$5,000’’ in first sentence and ‘‘$5,000’’ for ‘‘$2,500’’ in second sentence. Subsec. (a)(2). Pub. L. 107–314, § 615(h)(2), substituted ‘‘$1,000’’ for ‘‘$500’’. 2001—Subsec. (a)(1). Pub. L. 107–107, § 612(a), sub- stituted ‘‘December 31, 2002’’ for ‘‘December 31, 2001’’. Subsec. (a)(2). Pub. L. 107–107, § 538(1), struck out ‘‘that does not have a Senior Reserve Officers’ Training Program established under section 2102 of this title’’ after ‘‘civilian educational institution’’. Subsec. (b)(1). Pub. L. 107–107, § 538(2), inserted ‘‘or that has a Senior Reserve Officers’ Training Program for which the student is ineligible’’ before semicolon at end. 2000—Subsec. (a)(1). Pub. L. 106–398 substituted ‘‘De- cember 31, 2001’’ for ‘‘December 31, 2000’’. 1999—Subsec. (a)(1). Pub. L. 106–65 substituted ‘‘De- cember 31, 2000’’ for ‘‘December 31, 1999’’. 1998—Subsec. (a)(1). Pub. L. 105–261 substituted ‘‘De- cember 31, 1999’’ for ‘‘September 30, 1999’’. 1997—Subsec. (a)(1). Pub. L. 105–85 substituted ‘‘Sep- tember 30, 1999’’ for ‘‘September 30, 1998’’. 1996—Subsec. (a)(1). Pub. L. 104–201 substituted ‘‘Sep- tember 30, 1998’’ for ‘‘September 30, 1997’’. Pub. L. 104–106, § 612(a), substituted ‘‘September 30, 1997’’ for ‘‘September 30, 1996’’. Subsec. (b)(3). Pub. L. 104–106, § 1501(c)(23), substituted ‘‘section 12201’’ for ‘‘section 591’’. 1994—Subsec. (a)(1). Pub. L. 103–337 substituted ‘‘Sep- tember 30, 1996’’ for ‘‘September 30, 1995’’. 1993—Subsec. (a)(1). Pub. L. 103–160 substituted ‘‘Sep- tember 30, 1995’’ for ‘‘September 30, 1993’’. 1992—Subsec. (a)(1). Pub. L. 102–484 substituted ‘‘Sep- tember 30, 1993’’ for ‘‘September 30, 1992’’. 1991—Subsec. (a)(1). Pub. L. 102–190 made amendment identical to that made by Pub. L. 101–510, § 613(c)(1). See 1990 Amendment note below. 1990—Subsec. (a)(1). Pub. L. 101–510, § 1484(d)(1)(A), substituted ‘‘November 29, 1989,’’ for ‘‘the date of the enactment of the National Defense Authorization Act for Fiscal Years 1990 and 1991’’. Pub. L. 101–510, § 613(c)(1), substituted ‘‘September 30, 1992,’’ for ‘‘September 30, 1991,’’. Subsecs. (a)(2), (b)(1). Pub. L. 101–510, § 613(c)(2), in- serted ‘‘by the Secretary selecting the person’’ after ‘‘section 2102 of this title’’. Subsec. (d)(3). Pub. L. 101–510, § 1484(d)(1)(B), sub- stituted ‘‘November 29, 1989’’ for ‘‘the date of the enact- ment of the National Defense Authorization Act for Fiscal Years 1990 and 1991’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2009 AMENDMENT Pub. L. 111–84, div. A, title X, § 1073(c), Oct. 28, 2009, 123 Stat. 2474, provided that the amendment made by section 1073(c)(3) is effective as of Oct. 14, 2008, and as if included in Pub. L. 110–417 as enacted. EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–106, div. A, title XV, § 1501(c), Feb. 10, 1996, 110 Stat. 498, provided that the amendment made by that section is effective as of Dec. 1, 1994, and as if in- cluded as an amendment made by the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as originally enacted. SAVINGS PROVISION For savings provision relating to payment or repay- ment of any bonus, incentive pay, special pay, or simi- lar pay obligated to be paid before Apr. 1, 2006, under a provision of this section amended by section 687(c) of Pub. L. 109–163, see section 687(f) of Pub. L. 109–163, set out as a note under section 510 of this title. CORRECTION OF LAPSED AUTHORITIES FOR PAYMENT OF BONUSES, SPECIAL PAYS, AND SIMILAR BENEFITS FOR MEMBERS OF THE UNIFORMED SERVICES Pub. L. 110–181, div. A, title VI, § 610, Jan. 28, 2008, 122 Stat. 147, provided that: ‘‘(a) RETROACTIVE EFFECTIVE DATE FOR PAYMENT AU- THORITIES.—The amendments made by sections 611, 612, 613, and 614 [amending this section and section 16302 of this title and sections 301b, 302d, 302e, 302g, 302h, 302j to 302l, 308, 308b, 308c, 308d, 308g to 308i, 309, 312, 312b, 312c, 323, 324, 326, 330, and 402 of Title 37, Pay and Allowances of the Uniformed Services] shall take effect as of De- cember 31, 2007. ‘‘(b) RATIFICATION OF EXISTING CONTINGENT AGREE- MENTS.—In the case of a provision of title 10 or 37, United States Code, amended by section 611, 612, 613, or 614 under which an individual must enter into an agree- ment with the Secretary concerned for receipt of a bonus, special pay, or similar benefit, the Secretary concerned may treat any agreement entered into under such a provision during the period beginning on Janu- ary 1, 2008, and ending on the date of the enactment of this Act [Jan. 28, 2008] as having taken effect as of the date on which the agreement was signed by the indi- vidual. ‘‘(c) TEMPORARY ADDITIONAL AGREEMENT AUTHOR- ITY.— ‘‘(1) AUTHORITY.—In the case of a provision of title 10 or 37, United States Code, amended by section 611, 612, 613, or 614 under which an individual must enter into an agreement with the Secretary concerned for receipt of a bonus, special pay, or similar benefit, the Secretary concerned, during the 120-day period begin- ning on the date of the enactment of this Act [Jan. 28, 2008], may treat any agreement entered into under such a provision by an individual described in para- graph (2) as having been signed by the individual dur- ing the period beginning on January 1, 2008, and end- ing on the date of the enactment of this Act. ‘‘(2) COVERED INDIVIDUALS.—An individual referred to in paragraph (1) is an individual who would have met all of the qualifications for a bonus, special pay, or similar benefit under a provision of title 10 or 37, United States Code, amended by section 611, 612, 613, or 614 at any time during the period beginning on January 1, 2008, and ending on the date of the enact- ment of this Act, but for the fact that the statutory authority for the bonus, special pay, or similar ben- efit lapsed on December 31, 2007. ‘‘(d) TAX TREATMENT.—The payment of a bonus, spe- cial pay, or similar benefit under a provision of title 10 Page 1696 TITLE 10—ARMED FORCES § 2131 or 37, United States Code, amended by section 611, 612, 613, or 614 to an individual who would have been enti- tled to the tax treatment accorded by section 112 of the Internal Revenue Code of 1986 [26 U.S.C. 112] on the date on which the member would have otherwise earned the bonus, special pay, or similar benefit, but for the fact that the statutory authority for the bonus, special pay, or similar benefit lapsed on December 31, 2007, shall be treated as covered by such section 112. ‘‘(e) RETROACTIVE IMPLEMENTATION OF ARMY REFER- RAL BONUS.—The Secretary of the Army may pay a bonus under [former] section 3252 of title 10, United States Code, as added by section 671(a)(1), to an indi- vidual referred to in subsection (a)(2) of such section 3252 who made a referral, as described in subsection (b) of such section 3252, to an Army recruiter during the period beginning on January 1, 2008, and ending on the date of the enactment of this Act [Jan. 28, 2008]. ‘‘(f) SECRETARY CONCERNED DEFINED.—In this section, the term ‘Secretary concerned’ has the meaning given that term in section 101(5) of title 37, United States Code.’’ APPLICATION OF INCREASE In case of amendment by section 615(h) of Pub. L. 107–314 to increase maximum amount of special pay or bonus that may be paid during any 12-month period, 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 Title 37, Pay and Allowances of the Uniformed Services. COVERAGE OF PERIOD OF LAPSED AUTHORITY Pub. L. 103–160, div. A, title VI, § 611(d), Nov. 30, 1993, 107 Stat. 1679, provided that: ‘‘(1) In the case of a person described in paragraph (2) who executes an agreement described in paragraph (3) during the 90-day period beginning on the date of the enactment of this Act [Nov. 30, 1993], the Secretary concerned may treat the agreement for purposes of the accession bonus, monthly stipend, or special pay au- thorized under the agreement as having been executed and accepted on the first date on which the person would have qualified for such an agreement had the amendments made by this section [amending this sec- tion and sections 302d and 302e of Title 37, Pay and Al- lowances of the Uniformed Services] taken effect on October 1, 1993. ‘‘(2) A person referred to in paragraph (1) is a person described in section 2130a(b) of title 10, United States Code, or section 302d(a)(1) or 302e(b) of title 37, United States Code, who, during the period beginning on Octo- ber 1, 1993, and ending on the date of the enactment of this Act, would have qualified for an agreement de- scribed in paragraph (3) had the amendments made by this section taken effect on October 1, 1993. ‘‘(3) An agreement referred to in this subsection is an agreement with the Secretary concerned that is a con- dition for the payment of an accession bonus and monthly stipend under section 2130a of title 10, United States Code, an accession bonus under section 302d of title 37, United States Code, or incentive special pay under section 302e of title 37, United States Code. ‘‘(4) For purposes of this subsection, the term ‘Sec- retary concerned’ has the meaning given that term in section 101(5) of title 37, United States Code.’’ [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 sec- tion, see section 612(j)(2) of Pub. L. 102–484, set out as a note under section 301b of Title 37, Pay and Allow- ances of the Uniformed Services.] ACCESSION BONUSES FOR CANDIDATES EXECUTING AGREEMENTS DURING 90-DAY PERIOD BEGINNING DE- CEMBER 5, 1991 Pub. L. 102–190, div. A, title VI, § 612(c)(2), Dec. 5, 1991, 105 Stat. 1376, provided that: ‘‘(A) In the case of a person described in subparagraph (B) who executes an agreement under section 2130a of such title [10 U.S.C. 2130a] during the 90-day period be- ginning on the date of the enactment of this Act [Dec. 5, 1991], the Secretary concerned may treat such agree- ment as having been executed and accepted for pur- poses of such section on the first date on which the per- son would have qualified for such an agreement had the amendment made by paragraph (1) [amending this sec- tion] taken effect on October 1, 1991. ‘‘(B) A person referred to in subparagraph (A) is a per- son who, during the period beginning on October 1, 1991, and ending on the date of the enactment of this Act, would have qualified for an agreement under such sec- tion had the amendment made by paragraph (1) taken effect on October 1, 1991. ‘‘(C) For purposes of this paragraph, the term ‘Sec- retary concerned’ has the meaning given that term in section 101(8) of such title [now 10 U.S.C. 101(a)(9)].’’ CHAPTER 106—EDUCATIONAL ASSISTANCE FOR MEMBERS OF THE SELECTED RESERVE Sec. 2131. Reference to chapter 1606. [2132 to 2137. Renumbered.] 2138. Savings provision. Editorial Notes AMENDMENTS 1994—Pub. L. 103–337, div. A, title XVI, § 1663(b)(7), Oct. 5, 1994, 108 Stat. 3007, added items 2131 and 2138 and struck out former items 2131 to 2138. 1984—Pub. L. 98–525, title VII, § 705(a)(1), Oct. 19, 1984, 98 Stat. 2564, substituted ‘‘MEMBERS OF THE SE- LECTED RESERVE’’ for ‘‘ENLISTED MEMBERS OF THE SELECTED RESERVE OF THE READY RE- SERVE’’ in chapter heading, ‘‘Time limitation for use of entitlement’’ for ‘‘Termination of assistance; refund by member’’ in item 2133, ‘‘Termination of assistance’’ for ‘‘Reports to Congress’’ in item 2134, ‘‘Failure to par- ticipate satisfactorily; penalties’’ for ‘‘Termination of program’’ in item 2135, and added items 2136 to 2138. § 2131. Reference to chapter 1606 Provisions of law relating to educational as- sistance for members of the Selected Reserve under the Montgomery GI Bill program are set forth in chapter 1606 of this title (beginning with section 16131). (Added Pub. L. 103–337, div. A, title XVI, § 1663(b)(7), Oct. 5, 1994, 108 Stat. 3007.) Editorial Notes PRIOR PROVISIONS Prior section 2131 was renumbered section 16131 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Dec. 1, 1994, except as otherwise pro- vided, see section 1691 of Pub. L. 103–337, set out as a note under section 10001 of this title. [§ 2132. Renumbered § 16132] [§ 2133. Renumbered § 16133] [§ 2134. Renumbered § 16134] [§ 2135. Renumbered § 16135] [§ 2136. Renumbered § 16136] [§ 2137. Renumbered § 16137] § 2138. Savings provision A member who entered into an agreement under this chapter before July 1, 1985, shall con-

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10 U.S.C. § 101 — Definitions

**(a) In General.—** The following definitions apply in this title: (1) The term “United States”, in a geographic sense, means the States and the District of Columbia. (2) Repealed. Pub. L. 109–163, div. A, title X, § 1057(a)(1), Jan. 6, 2006, 119 Stat. 3440.] (3) The term “possessions” includes the Virgin Islands, Guam, American Samoa, and the Guano Islands, so long as they remain possessions, but does not include any Commonwealth. (4) The term “armed forces” means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. (5) The term “uniformed services” means— (A) the armed forces; (B) the commissioned corps of the National Oceanic and Atmospheric Administration; and (C) the commissioned corps of the Public Health Service. (6) The term “department”, when used with respect to a military department, means the executive part of the department and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of the department. When used with respect to the Department of Defense, such term means the executive part of the department, including the executive parts of the military departments, and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of Defense, including those of the military departments. (7) The term “executive part of the department” means the executive part of the Department of Defense, Department of the Army, Department of the Navy, or Department of the Air Force, as the case may be, at the seat of government. (8) The term “military departments” means the Department of the Army, the Department of the Navy, and the Department of the Air Force. (9) The term

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10 U.S.C. § 101 — Definitions

Page 20 TITLE 10—ARMED FORCES § 101 § 101. Definitions (a) IN GENERAL.—The following definitions apply in this title: (1) The term ‘‘United States’’, in a geo- graphic sense, means the States and the Dis- trict of Columbia. [(2) Repealed. Pub. L. 109–163, div. A, title X, § 1057(a)(1), Jan. 6, 2006, 119 Stat. 3440.] (3) The term ‘‘possessions’’ includes the Vir- gin Islands, Guam, American Samoa, and the Guano Islands, so long as they remain posses- sions, but does not include any Common- wealth. (4) The term ‘‘armed forces’’ means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. (5) The term ‘‘uniformed services’’ means— (A) the armed forces; (B) the commissioned corps of the Na- tional Oceanic and Atmospheric Administra- tion; and (C) the commissioned corps of the Public Health Service. (6) The term ‘‘department’’, when used with respect to a military department, means the executive part of the department and all field headquarters, forces, reserve components, in- stallations, activities, and functions under the control or supervision of the Secretary of the department. When used with respect to the De- partment of Defense, such term means the ex- ecutive part of the department, including the executive parts of the military departments, and all field headquarters, forces, reserve com- ponents, installations, activities, and func- tions under the control or supervision of the Secretary of Defense, including those of the military departments. (7) The term ‘‘executive part of the depart- ment’’ means the executive part of the Depart- ment of Defense, Department of the Army, De- partment of the Navy, or Department of the Air Force, as the case may be, at the seat of government. (8) The term ‘‘military departments’’ means t

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10 U.S.C. § 2120 — Definitions

In this subchapter: (1) The term “program” means the Armed Forces Health Professions Scholarship and Financial Assistance program provided for in this subchapter. (2) The term “member of the program” means a person appointed a commissioned officer in a reserve component of the armed forces who is enrolled in the Armed Forces Health Professions Scholarship and Financial Assistance program. (3) The term “course of study” means education received at an accredited college, university, or institution in medicine, dentistry, or other health profession, leading, respectively, to a degree related to the health professions as determined under regulations prescribed by the Secretary of Defense. (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.

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10 U.S.C. § 2120 — Definitions

Page 1688 TITLE 10—ARMED FORCES § 2120 and financial assistance’’ for ‘‘Contracts for scholar- ships’’ in item 2127. 1987—Pub. L. 100–180, div. A, title VII, § 711(a)(1), Dec. 4, 1987, 101 Stat. 1108, added subchapter heading. 1980—Pub. L. 96–513, title V, § 511(66), Dec. 12, 1980, 94 Stat. 2926, substituted in item 2123 ‘‘program:’’ for ‘‘program;’’, and in items 2124 to 2127 ‘‘:’’ for ‘‘;’’ wher- ever appearing. § 2120. Definitions In this subchapter: (1) The term ‘‘program’’ means the Armed Forces Health Professions Scholarship and Fi- nancial Assistance program provided for in this subchapter. (2) The term ‘‘member of the program’’ means a person appointed a commissioned offi- cer in a reserve component of the armed forces who is enrolled in the Armed Forces Health Professions Scholarship and Financial Assist- ance program. (3) The term ‘‘course of study’’ means edu- cation received at an accredited college, uni- versity, or institution in medicine, dentistry, or other health profession, leading, respec- tively, to a degree related to the health profes- sions as determined under regulations pre- scribed by the Secretary of Defense. (4) The term ‘‘specialized training’’ means advanced training in a health professions spe- cialty received in an accredited program that is beyond the basic education required for ap- pointment as a commissioned officer with a designation as a health professional. (Added Pub. L. 92–426, § 2(a), Sept. 21, 1972, 86 Stat. 717; amended Pub. L. 98–94, title XII, § 1268(13), Sept. 24, 1983, 97 Stat. 706; Pub. L. 100–26, § 7(k)(2), Apr. 21, 1987, 101 Stat. 284; Pub. L. 100–180, div. A, title VII, § 711(a)(2), Dec. 4, 1987, 101 Stat. 1108; Pub. L. 101–189, div. A, title VII, § 725(a), (h)(1), Nov. 29, 1989, 103 Stat. 14

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10 U.S.C. § 2127 — Scholarships and financial assistance: payments

**(a)** The Secretary of Defense may provide for the payment of all educational expenses incurred by a member of the program, including tuition, fees, books, and laboratory expenses. Such payments, however, shall be limited to those educational expenses normally incurred by students at the institution and in the health profession concerned who are not members of the program. **(b)** The Secretary of Defense may contract with an accredited civilian educational institution for the payment of tuition and other educational expenses of members of the program authorized by this subchapter. Payment to such institutions may be made without regard to subsections (a) and (b) of [section 3324 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3324&num=0&edition=prelim). **(c)** Payments made under subsection (b) shall not cover any expenses other than those covered by subsection (a). **(d)** When the Secretary of Defense determines, under regulations prescribed by the Secretary of Health and Human Services, that an accredited civilian educational institution has increased its total enrollment for the sole purpose of accepting members of the program covered by this subchapter, he may provide under a contract with such an institution for additional payments to cover the portion of the increased costs of the additional enrollment which are not covered by the institution’s normal tuition and fees. **(e)** A person participating as a member of the program in specialized training shall be paid an annual grant in an amount not to exceed $45,000 in addition to the stipend under [section 2121(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2121/d&num=0&edition=prelim). The maximum amount of the grant sh

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10 U.S.C. § 2127 — Scholarships and financial assistance:

Page 1692 TITLE 10—ARMED FORCES § 2127 of this title and for computation of retired pay under section 12733 of this title. (3) The number of points credited to a member under paragraph (1) for a year of participation in a course of study is 50. The points shall be cred- ited to the member for one of the years of that participation at the end of each year after the completion of the course of study that the mem- ber serves in the Selected Reserve and is cred- ited under section 12732(a)(2) of this title with at least 50 points. The points credited for the par- ticipation shall be recorded in the member’s records as having been earned in the year of the participation in the course of study. (4) Service may not be counted under para- graph (1) for more than four years of participa- tion in a course of study as a member of the pro- gram. (5) A member of the Selected Reserve may be considered to be in an active status while pur- suing a course of study under this subchapter only for purposes of sections 12732(a) and 12733(3) of this title. (6) A member is not entitled to any retro- active award of, or increase in, pay or allow- ances under title 37 by reason of an award of service credit under paragraph (1). (Added Pub. L. 92–426, § 2(a), Sept. 21, 1972, 86 Stat. 718; amended Pub. L. 96–513, title V, § 501(22), Dec. 12, 1980, 94 Stat. 2908; Pub. L. 104–201, div. A, title V, § 543(a), Sept. 23, 1996, 110 Stat. 2521; Pub. L. 106–65, div. A, title V, § 544, Oct. 5, 1999, 113 Stat. 608.) Editorial Notes AMENDMENTS 1999—Subsec. (b)(2). Pub. L. 106–65, § 544(1), added par. (2) and struck out former par. (2) which read as follows: ‘‘Service credited under paragraph (1) counts only for the following purposes: ‘‘(A) Award of retirement points for computati

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10 U.S.C. § 2130a — Financial assistance: nurse officer candidates

**(a) Bonus Authorized.—** (1) A person described in subsection (b) who, during the period beginning on November 29, 1989, and ending on December 31, 2026, 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 $40,000. 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 $20,000. (2) In addition to the accession bonus payable under paragraph (1), a person selected under such paragraph shall be entitled to a monthly stipend in an amount not to exceed the stipend rate in effect under [section 2121(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2121/d&num=0&edition=prelim) 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 by the Secretary selecting the person. 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 Corps program established under [section 2102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2102&num=0&edition=prelim) by the Secretary selecting the person or that has a Senior Reserve Officers’ Training Corps program for which the student is ineligible; (2) has comple

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26 U.S.C. § 112 — Certain combat zone compensation of members of the Armed Forces

**(a) Enlisted personnel** Gross income does not include compensation received for active service as a member below the grade of commissioned officer in the Armed Forces of the United States for any month during any part of which such member— (1) served in a combat zone, or (2) was hospitalized as a result of wounds, disease, or injury incurred while serving in a combat zone; but this paragraph shall not apply for any month beginning more than 2 years after the date of the termination of combatant activities in such zone. **(b) Commissioned officers** Gross income does not include so much of the compensation as does not exceed the maximum enlisted amount received for active service as a commissioned officer in the Armed Forces of the United States for any month during any part of which such officer— (1) served in a combat zone, or (2) was hospitalized as a result of wounds, disease, or injury incurred while serving in a combat zone; but this paragraph shall not apply for any month beginning more than 2 years after the date of the termination of combatant activities in such zone. With respect to service in the combat zone designated for purposes of the Vietnam conflict, paragraph (2) shall not apply to any month after January 1978. **(c) Definitions** For purposes of this section— (1) The term “commissioned officer” does not include a commissioned warrant officer. (2) The term “combat zone” means any area which the President of the United States by Executive Order designates, for purposes of this section or corresponding provisions of prior income tax laws, as an area in which Armed Forces of the United States are or have engaged in combat. (3) Service is performed in a combat zone only if performed on or after the date designated by the President by Executive O

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26 U.S.C. § 112 — Certain combat zone compensation of

Page 561 TITLE 26—INTERNAL REVENUE CODE § 112 of any amount deducted in any prior taxable year to the extent such amount did not reduce the amount of tax imposed by this chapter. (b) Credits (1) In general If— (A) a credit was allowable with respect to any amount for any prior taxable year, and (B) during the taxable year there is a downward price adjustment or similar ad- justment, the tax imposed by this chapter for the tax- able year shall be increased by the amount of the credit attributable to the adjustment. (2) Exception where credit did not reduce tax Paragraph (1) shall not apply to the extent that the credit allowable for the recovered amount did not reduce the amount of tax im- posed by this chapter. (3) Exception for investment tax credit and for- eign tax credit This subsection shall not apply with respect to the credit determined under section 46 and the foreign tax credit. (c) Treatment of carryovers For purposes of this section, an increase in a carryover which has not expired before the be- ginning of the taxable year in which the recov- ery or adjustment takes place shall be treated as reducing tax imposed by this chapter. (d) Special rules for accumulated earnings tax and for personal holding company tax In applying subsection (a) for the purpose of determining the accumulated earnings tax under section 531 or the tax under section 541 (relating to personal holding companies)— (1) any excluded amount under subsection (a) allowed for the purposes of this subtitle (other than section 531 or section 541) shall be allowed whether or not such amount resulted in a reduction of the tax under section 531 or the tax under section 541 for the prior taxable year; and (2) where any excluded amount under sub- section (a) was n

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42 U.S.C. § 209 — Repealed. Feb. 28, 1948, ch. 83, § 5(a), 62 Stat. 40

### Statutory Notes Section, act July 1, 1944, ch. 373, title II, § 207, 58 Stat. 685, related to establishment of special temporary provisions. See sections 206(c) and 207(c) of this title.

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